David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
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Ratio Juris 24 (3):284-303 (2011)
Jurisprudential debate about the grounds of law often focuses on the status of morality. Given the undoubted fact of judicial engagement with morality in legal reasoning, the key question is whether morality legitimately counts as a ground of law. This article seeks to challenge the special status accorded to morality in debates about the grounds of law. The claim I seek to advance is that very often judicial engagement with morality is not different in kind to judicial engagement with other diverse objects of legal reasoning. What the comparison tends to show is that instances of “moral reasoning” in law do not obviously challenge our account of the grounds of law. Rather these instances can be viewed as central case examples of legal reasoning. Conventional grounds of law are left untouched
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References found in this work BETA
Garrett Barden (2010). Law and Justice in Community. Oxford University Press.
Jules L. Coleman (2007). Beyond the Separability Thesis: Moral Semantics and the Methodology of Jurisprudence. Oxford Journal of Legal Studies 27 (4):581-608.
Ronald Dworkin (2006). Justice in Robes. Belknap Press.
Ronald Dworkin (1996). Objectivity and Truth: You'd Better Believe It. Philosophy and Public Affairs 25 (2):87–139.
John Finnis (2007). Grounds of Law and Legal Theory: A Response. Legal Theory 13 (3-4):315-344.
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