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Law and Philosophy

Faculty Articles and Papers

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2009

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Full-Text Articles in Law

Le Concept Hartien D’Obligation Juridique Stephen, Stephen Utz Jan 2009

Le Concept Hartien D’Obligation Juridique Stephen, Stephen Utz

Faculty Articles and Papers

H. L. A. Hart’s well known attempt to show that a legal system need not satisfy moral standards to be such, and thereby to disprove the alleged thesis of natural lawyers that a wicked law is no law at all, apparently assumes the fact-value dichotomy in its most radical formulation. As part of his project, Hart advanced a putatively value-neutral analysis of legal obligation that holds distinct attraction even for those who question Hart’s broader project. My paper argues that a less extreme view of the fact-value dichotomy would have excused Hart from defending his view of legal obligation in …


Thoughts On Corrective Justice, Stephen Utz Jan 2009

Thoughts On Corrective Justice, Stephen Utz

Faculty Articles and Papers

No abstract provided.