Legal Theory 10 (1):1-17 (2004)
My purpose here is to examine the question of how the law can be incorporated within morality and how the existence of the law can impinge on our moral rights and duties, a question (or questions) which is a central aspect of the broad question of the relation between law and morality. My conclusions cast doubts on the incorporation thesis, that is, the view that moral principles can become part of the law of the land by incorporation.
|Keywords||legal positivism law and morality|
|Categories||categorize this paper)|
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Consequences of Pragmatic Conceptualism: On the Methodology Problem in Jurisprudence.Damiano Canale - 2009 - Ratio Juris 22 (2):171-186.
The Figuring of Morality in Adjudication: Not so Special?Bebhinn Donnelly-Lazarov - 2011 - Ratio Juris 24 (3):284-303.
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