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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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In Defense of Legal Positivism: Law Without trimmings

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ISBN13: 9780198268192
ISBN: 019826819X
Published: January 1999
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £89.00
Paperback edition , ISBN13 9780199264834

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This is an uncompromizing defence of legal positivism that insists on the separability of law and morality. After distinguishing among three facets of morality, Matthew Kramer explores a variety of ways in which law has been perceived as integrally connected to each of those facets.;Some of the chapters pose arguments against other major theorists such as David Lyons, Lon Fuller, Joseph Raz, Michael Detmold, Ronal Dworkin, Nigel Simmonds, John Finnis, Philip Soper, Neil McCormick, Gerald Postema, Stephen Perry, and Michael Moore while others extend rather than defend legal positivism; they refine the insights of positivism and develop the implications of those insights in strikingly novel directions. The book concludes with a detailed discussion of the obligation to obey the law - a discussion that highlights the strengths of legal positivism in the domain of political philosophy as much as in the domain of jurisprudence.;This book is intended for scholars and students of jurisprudence or legal philosophy, political philosophy, moral philosophy and ethics, political theory, political science, and sociology.

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1. Introduction
2. Justice as Constancy
3. Scrupulousness Without Scruples: A Critique of Lon Fuller and His Defenders
4. Requirements, Reasons, and Raz: Legal Positivism and Legal Duties
5. The Law in Action: A Study in Good and Evil
6. Also Among the Prophets: Some Rejoinders to Ronald Dworkin's Attacks on Legal Positivism
7. Disclaimers and Reassertions
8. Elements of a Conceptual Framework
9. Law and Order: Some Implications