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philosophy of law

14 thinkers, books, and ideas connected to this field.

Book

A Matter of Principle

Dworkin's second major collection — extending his rights theory and liberal political philosophy into specific debates about equality, judicial review, and civil disobedience.

political philosophyphilosophy of law
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Idea

Anti-Positivist Legal Theory

Dworkin's critique of legal positivism — the view that law is simply a set of rules identified by their social source — arguing that law includes principles that are morally binding even without explicit enactment.

philosophy of law
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Thinker

Giorgio Agamben

Italian philosopher who developed the concepts of bare life, homo sacer, and the state of exception, arguing that sovereignty operates by reducing subjects to killable bare life stripped of political rights.

political philosophyphilosophy of lawcontinental philosophy
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Book

Homo Sacer: Sovereign Power and Bare Life

Giorgio Agamben's analysis of the homo sacer — the Roman legal figure who can be killed but not sacrificed — as the paradigm for understanding how sovereign power operates by reducing subjects to bare life.

political philosophyphilosophy of law
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Thinker

John Austin

John Austin was a 19th-century English jurist who founded modern legal positivism, defining law as commands issued by a sovereign backed by sanction.

philosophy of lawlegal positivismjurisprudence
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Thinker

Judith Decew

American philosopher who has worked on privacy law, women and the law, and contributed to deontic logic.

philosophy of lawethicsdeontic logic
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Thinker

Kenneth Einar Himma

American philosopher who has worked on natural law theory, philosophy of information, and the ethics of artificial intelligence.

philosophy of lawethicsphilosophy of religion
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Idea

Law as Integrity

Dworkin's theory that judges should interpret the law as if it were authored by a single coherent moral agent — finding the interpretation that best fits and justifies the legal practice as a whole.

philosophy of law
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Book

Law's Empire

Dworkin's most systematic work in legal philosophy — presenting law as an 'interpretive' practice and arguing that judges should approach hard cases through the ideal of 'law as integrity.'

philosophy of law
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Thinker

Lennart Åqvist

Swedish logician who made significant contributions to deontic logic, imperative logic, and the logic of questions (erotetic logic).

philosophy of lawdeontic logicmodal logic
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Thinker

Liam Murphy

Australian-American philosopher who has worked on the demands of beneficence, the cooperative principle, and the philosophy of tax.

political philosophyphilosophy of lawethics
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Book

Life's Dominion

Dworkin's philosophical treatment of abortion and euthanasia — arguing that both sides in both debates are really arguing about the 'sanctity of life' (an intrinsic value) rather than about rights.

philosophy of lawethics
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Thinker

Peter Mott

British philosopher who has contributed to deontic logic and the analysis of normative concepts in legal philosophy.

philosophy of lawdeontic logic
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Book

Taking Rights Seriously

Ronald Dworkin's foundational collection of essays arguing that rights are 'trumps' — they override utilitarian calculations — and that legal positivism fundamentally misunderstands the nature of law.

political philosophyphilosophy of law
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