Morality and the Nature of Law

Nonfiction, Reference & Language, Law, Jurisprudence, Religion & Spirituality, Philosophy
Cover of the book Morality and the Nature of Law by Kenneth Einar Himma, OUP Oxford
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Kenneth Einar Himma ISBN: 9780191035203
Publisher: OUP Oxford Publication: March 7, 2019
Imprint: OUP Oxford Language: English
Author: Kenneth Einar Himma
ISBN: 9780191035203
Publisher: OUP Oxford
Publication: March 7, 2019
Imprint: OUP Oxford
Language: English

Morality and the Nature of Law explores the conceptual relationship between morality and the criteria that determine what counts as law in a given societythe criteria of legal validity. Is it necessary condition for a legal system to include moral criteria of legal validity? Is it even possible for a legal system to have moral criteria of legal validity? The book considers the views of natural law theorists ranging from Blackstone to Dworkin and rejects them, arguing that it is not conceptually necessary that the criteria of legal validity include moral norms. Further, it rejects the exclusive positivist view, arguing instead that it is conceptually possible for the criteria of validity to include moral norms. In the process of considering such questions, this book considers Raz's views concerning the nature of authority and Shapiro's views about the guidance function of law, which have been thought to repudiate the conceptual possibility of moral criteria of legal validity. The book, then, articulates a thought experiment that shows that it is possible for a legal system to have such criteria and concludes with a chapter that argues that any legal system, like that of the United States, which affords final authority over the content of the law to judges who are fallible with respect to the requirements of morality is a legal system with purely source-based criteria of validity.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Morality and the Nature of Law explores the conceptual relationship between morality and the criteria that determine what counts as law in a given societythe criteria of legal validity. Is it necessary condition for a legal system to include moral criteria of legal validity? Is it even possible for a legal system to have moral criteria of legal validity? The book considers the views of natural law theorists ranging from Blackstone to Dworkin and rejects them, arguing that it is not conceptually necessary that the criteria of legal validity include moral norms. Further, it rejects the exclusive positivist view, arguing instead that it is conceptually possible for the criteria of validity to include moral norms. In the process of considering such questions, this book considers Raz's views concerning the nature of authority and Shapiro's views about the guidance function of law, which have been thought to repudiate the conceptual possibility of moral criteria of legal validity. The book, then, articulates a thought experiment that shows that it is possible for a legal system to have such criteria and concludes with a chapter that argues that any legal system, like that of the United States, which affords final authority over the content of the law to judges who are fallible with respect to the requirements of morality is a legal system with purely source-based criteria of validity.

More books from OUP Oxford

Cover of the book A. J. Appasamy and his Reading of Rāmānuja by Kenneth Einar Himma
Cover of the book Saving the Oceans Through Law by Kenneth Einar Himma
Cover of the book Limits, Limits Everywhere by Kenneth Einar Himma
Cover of the book Cosmetic Surgery by Kenneth Einar Himma
Cover of the book A Life Course Approach to Healthy Ageing by Kenneth Einar Himma
Cover of the book Intuition, Theory, and Anti-Theory in Ethics by Kenneth Einar Himma
Cover of the book Vital Democracy by Kenneth Einar Himma
Cover of the book Lykophron's Alexandra, Rome, and the Hellenistic World by Kenneth Einar Himma
Cover of the book The Pursuit of the Nazi Mind by Kenneth Einar Himma
Cover of the book The Oxford Handbook of the Theory of International Law by Kenneth Einar Himma
Cover of the book Cystic Fibrosis by Kenneth Einar Himma
Cover of the book Redfern and Hunter on International Arbitration by Kenneth Einar Himma
Cover of the book The Brain: A Very Short Introduction by Kenneth Einar Himma
Cover of the book Training in Ophthalmology by Kenneth Einar Himma
Cover of the book The Labyrinths of Information by Kenneth Einar Himma
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy