Law in its Own Right (e-bog) af Stuart Toddington, Toddington

Law in its Own Right e-bog

245,52 DKK (inkl. moms 306,90 DKK)
What,precisely, is the relationship between legality and morality? Does legal validity rest upon moral validity? Are legal obligations moral obligations? For some years now schools of jurisprudential Naturalism and Positivism have become increasingly ambiguous in their responses to these questions. Olsen and Toddington argue that equivocation on the central issue here - that of obligation - ha...
E-bog 245,52 DKK
Forfattere Stuart Toddington, Toddington (forfatter)
Udgivet 1 januar 2000
Længde 144 sider
Genrer Methods, theory and philosophy of law
Sprog English
Format pdf
Beskyttelse LCP
ISBN 9781847313027
What,precisely, is the relationship between legality and morality? Does legal validity rest upon moral validity? Are legal obligations moral obligations? For some years now schools of jurisprudential Naturalism and Positivism have become increasingly ambiguous in their responses to these questions. Olsen and Toddington argue that equivocation on the central issue here - that of obligation - has brought legal theory to the point where leading legal positivists and natural lawyers no longer retain significant differences. Instead, they allege, we are left with the remnants of what has always been, philosophically, a phoney war. The authors of this lucid and refreshing analysis of the concept of law, arguing from the perspectives of social science and political philosophy, show that jurisprudence must acknowledge that the political, the moral, and the legal are located within a continuum of practical reason, and that law's 'autonomy' from morality can not entail its 'separation' from it.