Legal Obligation and Aesthetic Ideals: A Renewed Legal Positivist Theory of Law's Normativity

Ratio Juris 14 (2):176-211 (2001)
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Abstract

This article supports H. L. A. Hart's “any reasons” thesis (defended consistently from the first edition of The Concept of Law in 1961 to the Postscript to the second edition of 1994) that legal officials may accept law for any reasons, including non‐moral reasons. I develop a conception of non‐moral aesthetic ideals of official conduct which may provide legal officials with reasons to accept and apply even morally iniquitous law. I use this conception in order to rebut Gerald Postema's and Joseph Raz's criticisms of Hart's view, and suggest that my revisions offer reasons for renewed confidence in Hart's account of law's normativity.

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Citations of this work

The moral significance of agricultural biotechnology.David Castle - 2003 - Studies in History and Philosophy of Science Part C: Studies in History and Philosophy of Biological and Biomedical Sciences 34 (4):713-722.
The moral significance of agricultural biotechnology.David Castle - 2003 - Studies in History and Philosophy of Science Part C: Studies in History and Philosophy of Biological and Biomedical Sciences 34 (4):713-722.

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