David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
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Ratio Juris 22 (1):1-23 (2009)
In his work, Jules Coleman has held that the rule of recognition, if conceived of as a shared cooperative activity, should be the gateway through which to incorporate moral constraints on the content of law. This analysis, however, leaves unanswered two important questions. For one thing, we do not know when or even why morality becomes a criterion of legality. And, for another thing, we still do not know what conception of morality it is that we are dealing with. In this article, we will attempt to clarify in greater depth what relations there are between the social practice of law and morality. We will thus see how the cooperative nature of social practices imbues law with a moral force, and how this makes it possible to establish a "weak" connection between law and morality: To see this, we will need to single out some basic features of cooperative social practices, thus setting out a suitable framework for the view just mentioned.
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References found in this work BETA
Allan Gibbard (1990). Wise Choices, Apt Feelings: A Theory of Normative Judgment. Harvard University Press.
Robert Nozick (1974). Anarchy, State and Utopia. Basic Books.
J. L. Austin (1975). How to Do Things with Words. Clarendon Press.
H. L. A. Hart (1994). The Concept of Law. Oxford University Press.
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