: The article explores Dworkin’s suggestion that law and morality comprise a unified normative domain, considering similar suggestions by Greenberg and Hershovitz. It defends an interpretative approach to law, akin to Dworkin’s, against the view that the law’s content is determined by direct appeal to political morality at large, subject only to the effect of action by law-making institutions. Legal practice and political principle are in important ways interdependent, each capable of illuminating and clarifying the other. As an approximation of justice, grounded in practice, the law consists fundamentally in the moral principles that, in the final analysis, constitute the political community. The law’s content is an interpretative question, dependent on a grasp of practice that gives determinate shape to abstract concepts of equality and justice.
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1093/ajj/auaa001
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy

Upload a copy of this paper     Check publisher's policy     Papers currently archived: 60,021
External links

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

The Standard Picture and its Discontents.Mark Greenberg - 2011 - In Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law. Oxford University Press.
Judicial Obligation, Precedent and the Common Law.Stephen R. Perry - 1987 - Oxford Journal of Legal Studies 7 (2):215-257.
The Law of Humanity and the Limits of State Power.Julius Ebbinghaus - 1953 - Philosophical Quarterly 3 (10):14-22.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Dworkin’s Morality and its Limited Implications for Law.Bebhinn Donnelly-Lazarov - 2012 - Canadian Journal of Law and Jurisprudence 25 (1):79-95.
Liberal Equality: Political Not Erinaceous.Matthew Clayton - 2016 - Critical Review of International Social and Political Philosophy 19 (4):416-433.
Applying Principles to Cases and the Problem of Judgment.John K. Davis - 2012 - Ethical Theory and Moral Practice 15 (4):563 - 577.
Interpretation, Injustice, and Integrity.Trs Allan - 2016 - Oxford Journal of Legal Studies 36 (1):58-82.
An Enquiry on the Origins of Injustice in Legal Systems.John Charles Anderson - 1995 - Dissertation, The Catholic University of America
Human Morality.Samuel Scheffler - 1992 - Oxford University Press.
The Normativity of Morality.Sanghyuk Park - 2002 - Dissertation, University of Kansas
Justice, Legitimacy, and (Normative) Authority for Political Realists.Enzo Rossi - 2012 - Critical Review of International Social and Political Philosophy 15 (2):149-164.
Practice-Dependence and Epistemic Uncertainty.Eva Erman - 2017 - Journal of Global Ethics 13 (2):187-205.
What Distinguishes the Practice-Dependent Approach to Justice?Eva Erman & Niklas Möller - 2016 - Philosophy and Social Criticism 42 (1):3-23.
Political Morality and Neutrality.Michal Sládecek - 2018 - Filozofija I Društvo 29 (3):401-414.


Added to PP index

Total views
36 ( #292,088 of 2,433,467 )

Recent downloads (6 months)
11 ( #60,399 of 2,433,467 )

How can I increase my downloads?


My notes