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http://hdl.handle.net/11375/13960
Title: | Human Agency in Law and Jurisprudence |
Authors: | Murphy, Jessica |
Advisor: | Sciaraffa, Stefan Waluchow, Wilfrid Gedge, Elisabeth |
Department: | Philosophy |
Keywords: | philosophy of law;natural law theory;legal positivism;methodology of jurisprudence;Ethics and Political Philosophy;Other Philosophy;Ethics and Political Philosophy |
Publication Date: | Apr-2014 |
Abstract: | <p>This dissertation explores the way in which different conceptions of human agency have helped to shape the course of jurisprudential thought. The overarching aim is to bring to the surface the deeper commitments of Hartian positivism in its various engagements with rival accounts of the nature of law. In particular, I argue that although contemporary positivists take their account of law to be metaphysically noncommittal, views of what it is to be a human agent continue to motivate, if implicitly, their positions on such enduring jurisprudential questions as the nature and source of law’s normativity, the relationship between law and morality, and so on. In order to better understand these debates, we must therefore understand better the relationship between a theory of law and the conception of human nature that drives it.</p> |
URI: | http://hdl.handle.net/11375/13960 |
Identifier: | opendissertations/8792 9870 5081387 |
Appears in Collections: | Open Access Dissertations and Theses |
Files in This Item:
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