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Inclusive Legal Positivism by WJ Waluchow Oxford: Clarendon Press, 1994, x + 272 + (References, Table of Cases and Index) 18pp (hardback £35.00).
Published online by Cambridge University Press: 02 January 2018
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- Copyright © Society of Legal Scholars 1994
References
* My thanks to Richard Ireland at UW, Aberystwyth. All faults remain mine.
1. W.J. Waluchow-‘The Weak Social Thesis’ (1989) 9 OJLS 23.
2. John Austin The Province of Jurisprudence Determined and the Uses of the Study of Jurisprudence, (within an introduction by HLA Hart, 1954) pp 363ff (‘The Uses of the Study of Jurisprudence’).
3. HLA Hart The Concept of Law (1961).
4. Ronald Dworkin Law's Empire, (Fontana, 1986) pp 634.
5. See Donoghue v Stevenson [1932] AC 562, at 578–599 (Lord Atkin).
6. Lord Normand remarked that the decision in Donoghue v Stevenson‘was that the categories of negligence are not closed and that duties of care are owed, not only to physical neighbours, but to anyone who is ‘my neighbour’ in the wider sense, as stated by Lord Atkin’; London Graving Dock Co v Horton [1951] AC 737, at 757 (per Lord Normand).
7. See Dworkin, above n 4, ch 2.
8. See Ibid, at 237.
9. Ronald Dworkin Taking Rights Seriously (1977) pp 22ff.
10. Ibid at 286–287
11. For Dworkin's reply, see eg Ronald Dworkin ‘My Reply to Stanley Fish (and Walter Benn Michaels): Please Don't Talk about Objectivity Any More’ in WJT Mitchell (4)-The Politics of Interpretation, (1982, 1983) pp 287–313.
12. Cf Martin H. Redish & Theodore T Chung ‘Democratic Theory and The Legislative Process: Mourning the Death of Originalism in Statutory Interpretation’ (1994) 68 Tulane LR 803.
13. See eg St Thomas Aquinas-Summa Theologiae A Concise Translation, (McDemott ed, 1989) pp 289–290.