In Defense of Legal Positivism: Law Without Trimmings

ISBN-13: 9780198268192 / Angielski / Twarda / 1999 / 328 str.

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Opis

This book is an uncompromising defense of legal positivism that insists on the separability of law and morality. After distinguishing among three facets of morality, Kramer explores a variety of ways in which law has been perceived as integrally connected to each of those facets. 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.

Recenzje

Kramer provides an exhaustive defense of legal positivism against those who attribute a necessary relationship between law and morality... his argument is a useful counterweight to the predominance of liberal moralizing and American parochialism that plagues contemporary legal theorizing...Kramer... performs a valuable reminder to his fellow legal theorists that the act of maintaining the law by judges can be as self-interested and hypocritical as can the partisan business of legislation. One hopes that legal scholars have not become too pious (or self-interested, for that matter) to take up Kramer's challenge.

O autorze

Matthew Kramer is University Lecturer in Jurisprudence, Cambridge University and Fellow and Director of Studies in Law, Churchill College, Cambridge