That Kramer's prior work in this area has already received so much critical attention itself suggests that anyone interested in contemporary legal theory would benefit from this book's careful review of the contemporary lanscape of legal positivism and its subtle and often pursuasive arguments advancing those horizons.
Brian D. Berry, Law & Phiosophy Program, University of Texas
How are law and morality connected, how do they interact, and in what ways are they distinct?
In Part I of this book, Matthew Kramer argues that moral principles can enter into the law of any jurisdiction. He contends that legal officials can invoke moral principles as laws for resolving disputes, and that they can also invoke them as threshold tests which ordinary laws must satisfy. In opposition to many other theorists, Kramer argues that these functions of moral principles are consistent with all the essential characteristics of any legal system.
Part II reaffirms the legal positivist argument that law and morality are separable, arguing against the position of natural-law theory, which portrays legal requirements as a species of moral requirements. Kramer contends that even though the existence of a legal system in any sizeable society is essential for the realization of fundamental moral values, law is not inherently moral either in its effects or in its motivational underpinnings.
In the final part, Kramer contests the widespread view that people whose conduct is meticulously careful cannot be held morally responsible for harmful effects of their actions. Through this argument, he reveals that fault-independent liability is present even more prominently in morality than in the law.
Through a variety of arguments, Where Law and Morality Meet highlights both some surprising affinities and some striking divergences between morality and law.
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How are law and morality connected, how do they interact, and in what ways are they distinct? This work argues that moral principles can enter into the law of any jurisdiction, yet reaffirms the argument that law and morality are separable. Through a variety of discussions, it highlights affinities and divergences between morality and law.
Les mer
PREFACE ; CONTENTS ; INTRODUCTION ; PART I - WHERE LAW AND MORALITY MEET: LEGAL POSITIVISM AND THE IDENTIFICATION OF LEGAL NORMS ; CHAPTER 1: HOW MORAL PRINCIPLES CAN ENTER INTO THE LAW ; CHAPTER 2: THROWING LIGHT ON THE ROLE OF MORAL PRINCIPLES IN THE LAW: FURTHER REFLECTIONS ; CHAPTER 3: ON MORALITY AS A NECESSARY OR SUFFICIENT CONDITION FOR LEGALITY ; CHAPTER 4: OF FINAL THINGS: MORALITY AS ONE OF THE ULTIMATE DETERMINANTS OF LEGAL VALIDITY ; PART II - WHERE LAW AND MORALITY DIVERGE: LEGAL POSITIVISM REAFFIRMED ; CHAPTER 5: LEGAL POSITIVISM DEFENDED ; CHAPTER 6: ON THE MORAL STATUS OF THE RULE OF LAW ; CHAPTER 7: ON THE SEPARABILITY OF LAW AND MORALITY ; PART III - FROM LEGAL PHILOSOPHY TO MORAL PHILOSOPHY: AFFINITIES BETWEEN LAW AND MORALITY ; CHAPTER 8: MORAL RIGHTS AND THE LIMITS OF THE 'OUGHT'-IMPLIES-'CAN' PRINCIPLE: WHY IMPECCABLE INTENTIONS ARE NO EXCUSE
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`That Kramer's prior work in this area has already received so much critical attention itself suggests that anyone interested in contemporary legal theory would benefit from this book's careful review of the contemporary lanscape of legal positivism and its subtle and often pursuasive arguments advancing those horizons.'
Brian D. Berry, Law & Phiosophy Program, University of Texas
Les mer
Controversially argues against many received views of law and morality, such as the 'ought'-implies-'can' principle
Written by a leading proponent of legal positivism
Debates about law and morality have interdisciplinary appeal to legal theorists and moral and political philosophers
Les mer
Matthew H. Kramer is Professor of Legal and Political Philosophy at the University of Cambridge, Fellow of Churchill College, and Director of the Cambridge Forum for Legal and Political Philosophy.
Controversially argues against many received views of law and morality, such as the 'ought'-implies-'can' principle
Written by a leading proponent of legal positivism
Debates about law and morality have interdisciplinary appeal to legal theorists and moral and political philosophers
Les mer
Produktdetaljer
ISBN
9780199274192
Publisert
2004
Utgiver
Vendor
Oxford University Press
Vekt
613 gr
Høyde
242 mm
Bredde
164 mm
Dybde
23 mm
Aldersnivå
UU, UP, P, 05, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
312
Forfatter