Positive Law and Objective Values
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Product details:
- Publisher OUP Oxford
- Date of Publication 24 May 2001
- ISBN 9780198268970
- Binding Hardback
- No. of pages200 pages
- Size 242x163x16 mm
- Weight 432 g
- Language English 0
Categories
Short description:
This book presents a comprehensive defence of legal positivism on the basis of a novel account of social conventions. Marmor argues that the law is founded on constitutive conventions, and that consequently moral values cannot determine what the law is.
MoreLong description:
This book presents a comprehensive defence of legal positivism on the basis of a novel account of social conventions. Marmor argues that the law is founded on constitutive conventions, and that consequently moral values cannot determine what the law is. On the basis of a theory of social conventions and an analysis of law's authoritative nature, the book sets out the scope of law in relation to moral and other critical values. The book also maintains, however, that moral values are objective. It comprises a detailed analysis of the concept of objectivity, arguing that many aspects of the law, and of moral values, are metaphysically objective.
... thought-provoking and philosophically sophisticated ... deserves attention from anyone interested in the philosophy of law ... [Marmor's] analysis of constitutive conventions is stimulating ... In an age tarnished by the fatuities of postmodernist mountebanks, his rigorous approach to the philosophy of law is admirable indeed.
Table of Contents:
Constitutive Conventions
Conventions and The Normativity of Law
Exclusive Legal Positivism
The Separation Thesis and The Limits of Interpretation
Authority and Authorship
Three Concepts of Objectivity
Four Questions about The Objectivity of Law
The Objectivity of Values
Bibliography
