David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 29 (6):633-667 (2010)
In the last three decades or so a prominent view among legal philosophers has been that while legal theory is evaluative because it requires making judgments of importance, it can remain morally neutral. This view, which I call the ‘orthodox view’, was first articulated by Joseph Raz and has since been supported by many other prominent legal philosophers. In this essay I examine it, and argue that it is indefensible. I begin by examining the terms ‘description’ and ‘evaluation’, and show that they are ambiguous in a way that most current discussion does not realize. I then rely on this analysis to develop several arguments against the orthodox view. I argue that defenders of the orthodox view have considered only one such argument, and that even with regard to this one their response is unsuccessful
|Keywords||Philosophy Logic Political Science Social Sciences, general Law Theory/Law Philosophy Philosophy of Law|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Donald W. Bruckner (2007). Rational Responsibility for Preferences and Moral Responsibility for Character Traits. Journal of Philosophical Research 32:191-209.
Edmund Henden (2004). Intentions, All-Out Evaluations and Weakness of the Will. Erkenntnis 61 (1):53-74.
James Lee (2010). MacCormick's Jurisprudence Determined. Jurisprudence 1 (1):105-119.
Richard M. Cyert & Garrel Pottinger (1979). Towards a Better Microeconomic Theory. Philosophy of Science 46 (2):204-222.
Philip Schofield (2011). Jeremy Bentham and HLA Hart's 'Utilitarian Tradition in Jurisprudence'. Jurisprudence 1 (2):147-167.
Keith Charles Culver (2010). Legality's Borders: An Essay in General Jurisprudence. Oxford University Press.
Nicos Stavropoulos (2009). The Relevance of Coercion: Some Preliminaries. Ratio Juris 22 (3):339-358.
Added to index2010-05-12
Total downloads32 ( #100,267 of 1,726,249 )
Recent downloads (6 months)2 ( #289,836 of 1,726,249 )
How can I increase my downloads?