Law and Morality

ISBN-13: 9780754625773 / Angielski / Twarda / 2005 / 526 str.

Kenneth Einar Himma;Professor Brian H. Bix

Opis

This volume collects many of the key essays exploring the possible relationships between the concepts of law and morality, a central concern of contemporary philosophizing about law. It is organized around five conceptual issues: classical natural law theory; legal positivism's separability thesis; Ronald Dworkin's constructive interpretivism; inclusive legal positivism's assertion that there can be legal systems with moral criteria of legality; and the relevance of morality and moral theorizing in theorizing about the concept of law and associated legal concepts. Each of the essays makes an important contribution toward addressing these issues.

Spis treści

Contents: Introduction. Classical Natural Law Theory: Natural law and legal reasoning, John Finnis; The 'natural law tradition', John Finnis; Natural law jurisprudence, Mark C. Murphy; On the dividing line between natural law theory and legal positivism, Brian Bix. The Separability Thesis: Positivism and the separation of law and morals, H.L.A. Hart; What is the pure theory of law, Hans Kelsen; Moral aspects of legal theory, David Lyons; About morality and the nature of law, Joseph Raz. Constructive Interpretivism: Law as interpretation, Ronald Dworkin; Dworkin: a new link in the chain, Joseph Raz; On reason and authority in law's empire, John Finnis ; Trouble in law's empire: rethinking Dworkin's 3rd theory of law, Kenneth Einar Himma. Inclusive Legal Positivism: Authority, law and morality, Joseph Raz; On Hart's way out, Scott J. Shapiro; Incorporationism, conventionality and the practical difference thesis, Jules L. Coleman Morality and Conceptual Methodology: On the nature of law, Joseph Raz; Beyond the Hart/Dworkin debate: the methodology problem in jurisprudence, Brian Leiter; Hart's methodological positivism, Stephen R. Perry; Raz on necessity, Brian H. Bix; Name index.

O autorze

Dr Kenneth Einar Himma is Associate Professor of Philosophy at Seattle Pacific University, USA. Brian Bix is Frederick W. Thomas Professor for the Interdisciplinary Study of Law and Language at the University of Minnesota, USA.