In Defense of Legal Positivism
Law Without Trimmings
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Product details:
- Publisher OUP Oxford
- Date of Publication 1 July 1999
- ISBN 9780198268192
- Binding Hardback
- No. of pages324 pages
- Size 242x163x29 mm
- Weight 725 g
- Language English 0
Categories
Short description:
In Defense of Legal Positivism is an uncompromising defence of legal positivism that insists on the separability of law and morality. After distinguishing among three facets of morality, Matthew Kramer explores a variety of ways in which law has been perceived as integrally connected to each of those facets.
MoreLong description:
In Defense of Legal Positivism is an uncompromising defence of legal positivism that insists on the separability of law and morality. After distinguishing among three facets of morality, Matthew Kramer explores a variety of ways in which law has been perceived as integrally connected to each of those facets.
Some of the chapters pose arguments against other major theorists such as David Lyons, Lon Fuller, Joseph Raz, Michael Detmold, Ronal Dworkin, Nigel Simmonds, John Finnis, Philip Soper, Neil McCormick, Gerald Postema, Stephen Perry, and Michael Moore while others extend rather than defend legal positivism; they refine the insights of positivism and develop the implications of those insights in strikingly novel directions. The book concludes with a detailed discussion of the obligation to obey the law - a discussion that highlights the strengths of legal positivism in the domain of political philosophy as much as in the domain of jurisprudence
Kramer's analyses make stimulating reading ... he manages to clear much dead wood from the debate concerning the moral content of law and provides interesting arguments to which those of a different persuasion will have to respond.
Table of Contents:
Preface
Introduction
PART I: POSITIVISM DEFENDED
Justice as Constancy
Scrupulousness Without Scruples: A Critique of Lon Fuller and His Defenders
Requirements, Reasons, and Raz: Legal Positivism and Legal Duties
The Law in Action: A Study in Good and Evil
Also Among the Prophets: Some Rejoinders to Ronald Dworkin's Attacks on Legal Positivism
PART II: POSITIVISM EXTENDED
Disclaimers and Reassertions
Elements of a Conceptual Framework
Law and Order: Some Implications
Index
