W J Waluchow
Biographic Data
| ID | 1085709 |
|---|---|
| NAME | W J Waluchow |
| GIVEN NAMES | W J |
| FAMILY NAME | Waluchow |
| SIGNATURE | WALUCHOW W J |
| AFFILIATIONS | McMaster University |
| VERIFIED | No |
| TOTAL WORKS | 10 |
| TOTAL CITATIONS | 6 |
| AUTHOR COUNT | 10 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 1986 |
| LATEST PUBLICATION YEAR | 2017 |
| H-INDEX | 1 |
The Living Tree
This chapter addresses two common beliefs: (1) that the Canadian Constitution is a living tree, subject to evolution in light of changing circumstances and developing moral and political beliefs; and (2) that the view expressed in (1) stands in sharp contrast with American-style originalism, a family of theories according to which, absent formal amendment, the meaning of a constitution is the meaning it had at the time of its adoption. This chapt…
Direitos constitucionais e a possibilidade de uma interpretação construtiva distanciada
DOI: 10.12957/dep.2016.26488 Wil Waluchow DPhil Universidade McMaster, Hamilton, Ontário, Canadá. Versão original: “Constitutional rights and the possibility of detached constructive interpretation”, em Problema: Anuario de Filosofía y Teoría del Derecho, núm. 9, enero-diciembre, 2015, pp. 23-52. Universidad Nacional Autónoma de México, Distrito Federal, México. Tradução Gustavo Souza de Azevedo Aluno do 6° Período da Graduação na Faculdade de Di…
Judicial Review
Courts are sometimes called upon to review a law or some other official act of government to determine its constitutionality, its reasonableness, rationality, or its compatibility with fundamental principles of justice. In some jurisdictions, this power of judicial review includes the ability to ‘strike down’ or nullify a law duly passed by a legislature body. This article examines this practice and various criticisms of it, including the charge …
Authority and the Practical Difference Thesis: A Defense of Inclusive Legal Positivism
I. INTRODUCTIONTo what extent are the existence and content of law dependent on morality? Legal Positivism is generally understood to answer: Not at all; the existence of law is one thing, its merit or demerit another thing entirely. Positivism's historical rival, Natural Law Theory, is widely understood to answer: To a very large extent indeed: An unjust law seems to be no law at all. Recent developments in jurisprudence have rendered these unde…
The Many Faces of Legal Positivism
Inclusive Legal Positivism
This book develops a general theory of law - inclusive legal positivism - which seeks to remain within the tradition represented by authors such as Austin, Hart, MacCormick, and Raz, while sharing some of the virtues of both classical and modern theories of natural law, as represented by authors such as Aquinas, Fuller, Finnis, and Dworkin. W. J. Walchow articulates and defends his own version of legal positivism, which is a refinement and develo…
Indeterminacy: Critical Notice: Law, Language and Legal Determinacy by Brian Bix
It is not easy to summarize what this book is about, except to say that it is an exploration of a variety of themes and a variety of authors on the role of language in the practice of law, the role of theories of language in legal theory, and how all this bears on “the problems of legal determinacy.” By the latter we are to understand problems having to do with whether the law always, almost always, or never provides uniquely correct answers to l…
Joseph Raz, The Morality of Freedom. Oxford: Oxford University Press1986.
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content.
The Evolution of Rights in Liberal Theory
Feinberg's Theory of “Preposthumous” Harm
In his recent book, Harm to Others , Joel Feinberg addresses the question whether a person can be harmed after his or her own death, that is, whether posthumous harm is a logical possibility. There is a very strong tendency to suppose that harm to the dead is simply inconceivable. After all, there cannot be harm without a subject to be harmed, but when death occurs it appears to obliterate the subject thus excluding the possibility of harm. On th…
Inclusive Legal Positivism
This book develops a general theory of law - inclusive legal positivism - which seeks to remain within the tradition represented by authors such as Austin, Hart, MacCormick, and Raz, while sharing some of the virtues of both classical and modern theories of natural law, as represented by authors such as Aquinas, Fuller, Finnis, and Dworkin. W. J. Walchow articulates and defends his own version of legal positivism, which is a refinement and develo…
The Many Faces of Legal Positivism
Feinberg's Theory of “Preposthumous” Harm
In his recent book, Harm to Others , Joel Feinberg addresses the question whether a person can be harmed after his or her own death, that is, whether posthumous harm is a logical possibility. There is a very strong tendency to suppose that harm to the dead is simply inconceivable. After all, there cannot be harm without a subject to be harmed, but when death occurs it appears to obliterate the subject thus excluding the possibility of harm. On th…
Joseph Raz, The Morality of Freedom. Oxford: Oxford University Press1986.
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content.
The Evolution of Rights in Liberal Theory
Indeterminacy: Critical Notice: Law, Language and Legal Determinacy by Brian Bix
It is not easy to summarize what this book is about, except to say that it is an exploration of a variety of themes and a variety of authors on the role of language in the practice of law, the role of theories of language in legal theory, and how all this bears on “the problems of legal determinacy.” By the latter we are to understand problems having to do with whether the law always, almost always, or never provides uniquely correct answers to l…
Inclusive Legal Positivism
This book develops a general theory of law - inclusive legal positivism - which seeks to remain within the tradition represented by authors such as Austin, Hart, MacCormick, and Raz, while sharing some of the virtues of both classical and modern theories of natural law, as represented by authors such as Aquinas, Fuller, Finnis, and Dworkin. W. J. Walchow articulates and defends his own version of legal positivism, which is a refinement and develo…
The Many Faces of Legal Positivism
Authority and the Practical Difference Thesis: A Defense of Inclusive Legal Positivism
I. INTRODUCTIONTo what extent are the existence and content of law dependent on morality? Legal Positivism is generally understood to answer: Not at all; the existence of law is one thing, its merit or demerit another thing entirely. Positivism's historical rival, Natural Law Theory, is widely understood to answer: To a very large extent indeed: An unjust law seems to be no law at all. Recent developments in jurisprudence have rendered these unde…
Judicial Review
Courts are sometimes called upon to review a law or some other official act of government to determine its constitutionality, its reasonableness, rationality, or its compatibility with fundamental principles of justice. In some jurisdictions, this power of judicial review includes the ability to ‘strike down’ or nullify a law duly passed by a legislature body. This article examines this practice and various criticisms of it, including the charge …
Direitos constitucionais e a possibilidade de uma interpretação construtiva distanciada
DOI: 10.12957/dep.2016.26488 Wil Waluchow DPhil Universidade McMaster, Hamilton, Ontário, Canadá. Versão original: “Constitutional rights and the possibility of detached constructive interpretation”, em Problema: Anuario de Filosofía y Teoría del Derecho, núm. 9, enero-diciembre, 2015, pp. 23-52. Universidad Nacional Autónoma de México, Distrito Federal, México. Tradução Gustavo Souza de Azevedo Aluno do 6° Período da Graduação na Faculdade de Di…
The Living Tree
This chapter addresses two common beliefs: (1) that the Canadian Constitution is a living tree, subject to evolution in light of changing circumstances and developing moral and political beliefs; and (2) that the view expressed in (1) stands in sharp contrast with American-style originalism, a family of theories according to which, absent formal amendment, the meaning of a constitution is the meaning it had at the time of its adoption. This chapt…
Political science (8 works) · Sociology (8 works) · Law (7 works) · Philosophy (7 works) · Epistemology (6 works) · Computer Science (4 works) · Legal principles and applications (4 works) · Multicultural Socio-Legal Studies (4 works) · Legal positivism (3 works) · Positivism (3 works)