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Abstract In his debate with H.L.A. Hart, Lon L. Fuller criticizes legal positivism for its inability to account for the moral obligation to obey the law, an obligation in which he and, he thinks, most others, including legal positivists, believe. He assumes that his alternative conception of law...
Abstract Alasdair MacIntyre is often interpreted as a wholesale skeptic of human rights. Although understandable, given his caustic criticism of rights discourse and theory, this misunderstanding overlooks his openness to subjective moral rights within the context of social practices. This paper...
Abstract Many scholars assume that property concepts contribute very little to the way in which people think about rights in resources. Yet these assumed views do not accord with what we know about clocks, keys, fiat currency, and other artifacts. Artifacts are intention-dependent objects. The...
Abstract Kant’s Doctrine of Right is often understood to explain the authority of law by reference to the way law secures important general interests such as security and welfare. In this article we show that rooting legal obligation in the instrumental benefits conferred by law is a misreading...
Abstract The article both explicates and evaluates (partly defends and partly critiques) the Hohfeldian analysis of legal rights particularly insofar as that analysis is extended to embrace moral rights as well as legal rights. Hohfeld is seen as distinguishing rights to do things (liberties or...
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