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Vol 21 No 10 Oct/Nov 2016

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Where Law and Morality Meet


ISBN13: 9780199546138
Published: June 2008
Publisher: Oxford University Press
Country of Publication: UK
Format: Paperback (Hardback in 2004)
Price: £24.49
Hardback edition price on application, ISBN13 9780199274192



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How are law and morality connected, how do they interact, and in what ways are they distinct? In Part I of this book, Matthew Kramer argues that moral principles can enter into the law of any jurisdiction. He contends that legal officials can invoke moral principles as laws for resolving disputes, and that they can also invoke them as threshold tests which ordinary laws must satisfy. In opposition to many other theorists, Kramer argues that these functions of moral principles are consistent with all the essential characteristics of any legal system.

Part II reaffirms the legal positivist argument that law and morality are separable, arguing against the position of natural-law theory, which portrays legal requirements as a species of moral requirements. Kramer contends that even though the existence of a legal system in any sizeable society is essential for the realization of fundamental moral values, law is not inherently moral either in its effects or in its motivational underpinnings.

In the final part, Kramer contests the widespread view that people whose conduct is meticulously careful cannot be held morally responsible for harmful effects of their actions. Through this argument, he reveals that fault-independent liability is present even more prominently in morality than in the law. Through a variety of arguments, Where Law and Morality Meet highlights both some surprising affinities and some striking divergences between morality and law.

Subjects:
Jurisprudence
Contents:
PREFACE
CONTENTS
INTRODUCTION
PART I: WHERE LAW AND MORALITY MEET: LEGAL POSITIVISM AND THE IDENTIFICATION OF LEGAL NORMS
CHAPTER 1: HOW MORAL PRINCIPLES CAN ENTER INTO THE LAW
CHAPTER 2: THROWING LIGHT ON THE ROLE OF MORAL PRINCIPLES IN THE LAW: FURTHER REFLECTIONS
CHAPTER 3: ON MORALITY AS A NECESSARY OR SUFFICIENT CONDITION FOR LEGALITY
CHAPTER 4: OF FINAL THINGS: MORALITY AS ONE OF THE ULTIMATE DETERMINANTS OF LEGAL VALIDITY
PART II: WHERE LAW AND MORALITY DIVERGE: LEGAL POSITIVISM REAFFIRMED
CHAPTER 5: LEGAL POSITIVISM DEFENDED
CHAPTER 6: ON THE MORAL STATUS OF THE RULE OF LAW
CHAPTER 7: ON THE SEPARABILITY OF LAW AND MORALITY
PART III: FROM LEGAL PHILOSOPHY TO MORAL PHILOSOPHY: AFFINITIES BETWEEN LAW AND; MORALITY
CHAPTER 8: MORAL RIGHTS AND THE LIMITS OF THE OUGHT-IMPLIES CAN PRINCIPLE: WHY IMPECCABLE INTENTIONS ARE NO EXCUSE ;