ENGLISH

Law in its Own Right

By Henrik Palmer Olsen; Stuart Toddington

Book information

Publisher
Hart Publishing
Year
1999
ISBN
9781472562043, 9781841130347
Language
english
Format
PDF
Filesize
7 MB (7434664 bytes)
Pages
\165
Library
bloomsburycollections.com
Time added
2023-06-30 20:51:17

Description

What,precisely, is the relationship between legality and morality? Does legal validity rest upon moral validity? Are legal obligations moral obligations? For some years now schools of jurisprudential Naturalism and Positivism have become increasingly ambiguous in their responses to these questions. Olsen and Toddington argue that equivocation on the central issue here - that of obligation - has brought legal theory to the point where leading legal positivists and natural lawyers no longer retain significant differences. Instead, they allege, we are left with the remnants of what has always been, philosophically, a phoney war. The authors of this lucid and refreshing analysis of the concept of law, arguing from the perspectives of social science and political philosophy, show that jurisprudence must acknowledge that the political, the moral, and the legal are located within a continuum of practical reason, and that law’s ‘autonomy’ from morality can not entail its ‘separation’ from it.

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