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Where Law and Morality Meet (Hardcover, New)
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Where Law and Morality Meet (Hardcover, New)
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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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