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Books > Humanities > Philosophy > Topics in philosophy > Ethics & moral philosophy
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Morality and the Nature of Law (Hardcover)
Loot Price: R3,035
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Morality and the Nature of Law (Hardcover)
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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.
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