Title: The Irreducible, Minimal Morality of Law: Reconsidering the Positivist/Natural Law Divide in Light of Legal Purpose and the Rule of Law
Abstract:The question is not whether morality "matters" in the sense of providing criteria for judging the goodness or evil of particular laws; clearly it does. The question is, rather, what difference it make...The question is not whether morality "matters" in the sense of providing criteria for judging the goodness or evil of particular laws; clearly it does. The question is, rather, what difference it makes that, on the one hand, a legal positivist will say "it is law, but it is an immoral law so you, the citizen, should not obey it" and, on the other hand, the natural lawyer says "it is unjust and therefore not a law at all." The answer, less than one might think, rests on an understanding of laws as intrinsically rooted in more general social institutions and, in particular, shaped by the intrinsic purposes of the rule of law.Read More
Publication Year: 2015
Publication Date: 2015-01-01
Language: en
Type: article
Indexed In: ['crossref']
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