Illuminating the idea of legality by a consideration of its moral
nature, this book explores the emergence and development of two
rival traditions of legal thought (those of 'positivism' and
'idealism') which together define the structure of modern juridical
thought. In doing so, it consciously departs from many of the
tendencies and working assumptions that define modern legal
philosophy. The book examines the shifts in thinking about the rule
of law and the wider significance of law, brought about by changing
conceptions of the nature of law: from an understanding of law in
which the primary focus is on rights, to an articulation of the
legal order as a body of deliberately posited rules, and finally to
the present understanding of law as a systematic body of rules and
principles underpinned by an abiding concern with individual
rights. By exposing the historical and metaphysical underpinnings
of these theoretical traditions, the book imparts an idea of their
limitations and moves beyond the understandings offered within them
of the nature of legality.
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