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Key Legal Philosophers
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H.L.A. Hart
In 'The Concept of Law', Hart distinguishes between primary rules (obligations) and secondary rules (meta-rules like rules of recognition), contributing significantly to legal positivism.
John Rawls
In 'A Theory of Justice', Rawls develops the concepts of 'justice as fairness' and the 'original position', a hypothetical situation for determining principles of justice.
Ronald Dworkin
Critic of legal positivism, Dworkin advocated for 'law as integrity', arguing that moral reasoning is integral to legal interpretation, not separate from it.
Plato
Developed the notion of an ideal state governed by philosopher-kings, emphasizing the importance of a just society ruled by wise and virtuous leaders.
Aristotle
His works 'Politics' and 'Nicomachean Ethics' discuss the role of law and justice in society, proposing a connection between law, morality, and the well-being of citizens.
Immanuel Kant
Kant's 'Metaphysics of Morals' lays the groundwork for deontological ethics, emphasizing that law should respect individuals as ends in themselves, not as means to an end.
John Stuart Mill
Extended Bentham's utilitarianism to emphasize individual liberty and the 'harm principle', which states that the actions of individuals should only be limited to prevent harm to other individuals.
Jean-Jacques Rousseau
In 'The Social Contract', Rousseau argues for a form of political community where individuals merge their individual wills into the 'general will', which then directs the state.
Thomas Hobbes
In 'Leviathan', Hobbes proposes that social contract binds citizens, emphasizing the necessity of an absolute sovereign to maintain peace and prevent civil war.
Jeremy Bentham
Founded Utilitarianism, suggesting laws should aim for 'the greatest happiness of the greatest number', thus introducing a cost-benefit analysis to legal philosophy.
Robert Nozick
In his work 'Anarchy, State, and Utopia', Nozick provides a libertarian perspective on justice, arguing for a minimal state that respects individual property rights.
John Locke
Advocated for the protection of individual rights through government by consent and the separation of powers, concepts that are foundational to modern liberal democracy.
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