David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Jurisprudence 1 (2):277-293 (2011)
The essay replies to comments by Finnis, Gardner and Endicott, on my book, Law as a Moral Idea . It is questioned whether Finnis is right to suggest that governance by law is a requirement of justice. It is suggested that Hart's positivism may have rested upon an unduly private conception of morality. Gardner's suggestion that Law as a Moral Idea falsely manufactures disagreement with Hart is rejected, principally by pointing out that Gardner focuses upon only one issue, where the book already acknowledges that Hart might conceivably agree, and ignores other issues where the disagreement with Hart seems indisputable. In response to Endicott, it is acknowledged that 'politics' could be understood as a moral idea comparable to the idea of 'law', but denied that this robs either thesis of interest. The nature of doctrinal reasoning and law's justificatory force is then discussed
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
|Through your library||Configure|
Similar books and articles
John Finnis (2011). Law as Idea, Ideal and Duty. Jurisprudence 1 (2):245-251.
Pavlos Eleftheriadis (2011). Discussion A Symposium on Nigel Simmonds's Law as a Moral IdeaIntroduction. Jurisprudence 1 (2):241-244.
John Gardner (2011). Hart on Legality, Justice and Morality. Jurisprudence 1 (2):253-265.
John Gardner (2012). Law as a Leap of Faith: Essays on Law in General. Oxford University Press.
Timothy Endicott (2011). Morality and the Making of Law: Four Questions. Jurisprudence 1 (2):267-275.
Leslie Green (2008). Positivism And The Inseparability Of Law And Morals. New York University Law Review 83:1035--1058.
Timothy A. O. Endicott (1998). Herbert Hart and the Semantic Sting. Legal Theory 4 (3):283-300.
H. L. A. Hart, P. M. S. Hacker & Joseph Raz (eds.) (1977). Law, Morality, and Society: Essays in Honour of H. L. A. Hart. Clarendon Press.
David-Hillel Ruben (1972). Positive and Natural Law Revisited. The Modern Schoolman 49 (May):295-317.
Mark J. 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.
N. E. Simmonds (2007). Law as a Moral Idea. Oxford University Press.
Matthew H. Kramer (ed.) (2008). The Legacy of H.L.A. Hart: Legal, Political, and Moral Philosophy. Oxford University Press.
Joseph Raz (1979). The Authority of Law: Essays on Law and Morality. Oxford University Press.
Ronald Dworkin (ed.) (1977). The Philosophy of Law. Oxford University Press.
Mayda Hočevar (2008). Central and Peripheral Cases and the Moral Point of View in John Finnis´ Theory of Law. Proceedings of the Xxii World Congress of Philosophy 40:47-52.
Added to index2010-11-29
Total downloads38 ( #37,282 of 1,008,729 )
Recent downloads (6 months)1 ( #64,702 of 1,008,729 )
How can I increase my downloads?