Graduate studies at Western
Ratio Juris 22 (1):1-23 (2009)
|Abstract||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.|
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
|Through your library||Configure|
Similar books and articles
Leon Petrażycki (2010). Law and Morality. Translation Publishers.
John Gardner (2011). Hart on Legality, Justice and Morality. Jurisprudence 1 (2):253-265.
Roger Cotterrell (2000). Common Law Approaches to the Relationship Between Law and Morality. Ethical Theory and Moral Practice 3 (1):9-26.
Mark Greenberg (2006). How Facts Make Law. In Scott Hershovitz (ed.), Exploring Law's Empire: The Jurisprudence of Ronald Dworkin. Oxford University Press.
Baudouin Dupret (2011). Adjudication in Action: An Ethnomethodology of Law, Morality and Justice. Ashgate.
Timothy Endicott (2011). Morality and the Making of Law: Four Questions. Jurisprudence 1 (2):267-275.
Mark J. Cherry (ed.) (2004). Natural Law and the Possibility of a Global Ethics. Kluwer Academic Publishers.
Leslie Green (2008). Positivism And The Inseparability Of Law And Morals. New York University Law Review 83:1035--1058.
Added to index2009-02-12
Total downloads21 ( #65,382 of 722,946 )
Recent downloads (6 months)0
How can I increase my downloads?