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 remnant 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 cannot entail its 'separation' from it.
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