-
30Herculean positivismOxford Journal of Legal Studies 5 (2): 187-210. 1985.An attempt top reconcile Dworkin with Hart's legal positivism.
-
16Review of Douglas E. Edlin (ed.), Common Law Theory (review)Notre Dame Philosophical Reviews 2008 (8). 2008.
-
5Legality, morality, and the guiding function of lawIn Matthew H. Kramer (ed.), The Legacy of H.L.A. Hart: Legal, Political, and Moral Philosophy, Oxford University Press. 2008.
-
27Ethics in Government Peter A. French Prentice-Hall Series in Occupational Ethics Englewood Cliffs, NJ: Prentice-Hall, 1983. Pp. 147 (review)Dialogue 23 (2): 364-366. 1984.
-
28Philosophical foundations of the nature of law (edited book)Oxford University Press. 2013.Part I. Furthering debate between leading theories of Law -- The Explantory Role of the Weak Natural Law Thesis -- In Defense of Hart -- Law's Authority is not a Claim to Preemption -- The Normative Fallacy Regarding Law's Authority -- The Problem about the Nature of Law vis-à-vis Legal Rationality Revisited : Towards an Integrative Jurisprudence -- Part II. The Power of Legal Systems -- Law as Power : Two Rule of Law Requirements -- A Comprehensive Hartian Theory of Legal Obligation : Social P…Read more
-
1A Common Law Theory of Judicial Review: The Living TreeCambridge University Press. 2006.In this study, W. J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement and pre-commitment, which defenders consider to be possible and desirable, while critics deem impossible and undesirable. Drawing on reflections about the nature of law, constitutions, the common law, and what it is to be a democ…Read more
-
48Inclusive Legal PositivismPhilosophical Review 106 (1): 133. 1997.Like many recent works in legal theory, especially those focusing on the apparently conflicting schools of legal positivism and natural law, Waluchow’s Inclusive Legal Positivism begins by admitting a degree of perplexity about the field; indeed, he suggests that the field has fallen into “chaos”. Disturbingly, those working within legal theory appear most uncertain about what the tasks of their field are. Legal philosophers often seem to suspect strongly that at least their colleagues in the fi…Read more
-
4Rosemary Pattenden, The Judge, Discretion, and the Criminal Trial Reviewed by (review)Philosophy in Review 4 (5): 217-219. 1984.
Hamilton, Ontario, Canada
Areas of Interest
Philosophy of Law |