Jurisprudence 1 (2):245-251 (2011)
|Abstract||Law centrally or archetypically is a moral idea, but not so much an ideal as a requirement of justice. Studying it contemplatively, as Simmonds's admirable Law as a Moral Idea does, tends to truncate the investigation of law's moral character and to obscure the extent to which jurisprudence can and should be a critical moral inquiry. The book's virtues—especially its critiques of Hart, Raz and Kramer—outweigh these two objections and the further, lesser objection that the distinctions it draws between its project and the strategy of Natural Law and Natural Rights perhaps misconceive the latter, which the present article accordingly tries to clarify|
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
|Through your library||Configure|
Similar books and articles
Timothy Endicott (2011). Morality and the Making of Law: Four Questions. Jurisprudence 1 (2):267-275.
N. E. Simmonds (2011). Reply: The Nature and Virtue of Law. Jurisprudence 1 (2):277-293.
Pavlos Eleftheriadis (2011). Discussion A Symposium on Nigel Simmonds's Law as a Moral IdeaIntroduction. Jurisprudence 1 (2):241-244.
N. E. Simmonds (2007). Law as a Moral Idea. Oxford University Press.
John Gardner (2012). How Law Claims, What Law Claims. In Matthias Klatt (ed.), Institutionalized Reason: The Jurisprudence of Robert Alexy. Oxford University Press.
Owen J. Anderson (2012). The Natural Moral Law: The Good After Modernity. Cambridge University Press.
Hans Kelsen (1957/2000). What is Justice?: Justice, Law, and Politics in the Mirror of Science: Collected Essays. Lawbook Exchange.
Jonathan Crowe (2012). Natural Law Beyond Finnis. Jurisprudence 2 (2):293-308.
John Gardner (2012). Law as a Leap of Faith: Essays on Law in General. Oxford University Press.
J. H. Bogart (1987). Legislative Duty and the Independence of Law. Law and Philosophy 6 (2):187 - 203.
Kenneth M. Ehrenberg (2007). The Ideal and Non-Ideal in Behavior Guidance: Reflections on Law and Buddhism in Conversation with the Dalai Lama. Buffalo Law Review 55:675-679.
Avihay Dorfman (2010). Can Tort Law Be Moral? Ratio Juris 23 (2):205-228.
Mark Bennett (2011). Hart and Raz on the Non-Instrumental Moral Value of the Rule of Law: A Reconsideration. [REVIEW] Law and Philosophy 30 (5):603-635.
Added to index2010-11-29
Total downloads88 ( #10,084 of 722,813 )
Recent downloads (6 months)2 ( #36,645 of 722,813 )
How can I increase my downloads?