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Social and Behavioral Sciences Commons

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Faculty Publications

1986

Legal theory

Articles 1 - 2 of 2

Full-Text Articles in Social and Behavioral Sciences

Liberal Political Theory And The Rule Of Law, Noel B. Reynolds Apr 1986

Liberal Political Theory And The Rule Of Law, Noel B. Reynolds

Faculty Publications

The efforts of liberal political theorists like John Rawls and Ronald Dworkin to identify principles and rights based on moral truth as authoritative bases for law and politics ignore the insight of Hume and other conservative theorists that the moral possibilities of human nature generally are limited and are in turn limiting on what can be accomplished, from a moral point of view, through law and politics.


The Union Of Legal And Political Theory, Noel B. Reynolds Jan 1986

The Union Of Legal And Political Theory, Noel B. Reynolds

Faculty Publications

This paper explores the social science concept of conventions as a way of understanding law that would bridge the enduring gap between natural law and legal positivist legal theories. It further finds in the conventionalist approach a promising account of the rule of law—both in how it may be characterized and in how it can be assessed in particular legal systems.