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Law in Its Own Right

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Henrik Palmer OlsenLecturer, Institute of Legal Science, University of Copenhagen, Denmark, Stuart ToddingtonLecturer, University of Central Lancashire, Preston

ISBN13: 9781841130286
ISBN: 1841130281
Published: January 2000
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback
Price: £21.99
Hardback edition , ISBN13 9781841130347



Low stock.

What, precisely, is the relationship between legality and morality? Does legal validity rest upon moral validity? Are legal obligations moral obligations? For some years now schools of jurisprudential Naturalism and Positivism have become increasingly ambiguous in their responses to these questions. Olsen and Toddington argue that equivocation on the central issue here - that of obligation - has brought legal theory to the point where leading legal positivists and natural lawyers no longer retain significant differences. Instead, they allege, we are left with the remnants of what has always been, philosophically, a phoney war.

This analysis of the concept of law, arguing from the perspectives of social science and political philosophy, shows that jurisprudence must acknowledge that the political, the moral and the legal are located within a continuum of practical reason, and that law's ""autonomy"" from morality can not entail its ""separation"" from it.

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Subjects:
Jurisprudence
Contents:
The state of legal theory today; the good sense of legal positivism; legal theory in sociological terms; legality, morality of ""The People""?; law as a social contract; the elements of ""Transparent Autonomy"".

Series: Legal Theory Today

Law After Modernity ISBN 9781841130293
Published April 2013
Hart Publishing
£55.00
Law After Modernity (eBook) ISBN 9781782251200
Published April 2013
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
Buy
Observing Law through Systems Theory (eBook) ISBN 9781782250128
Published December 2012
Hart Publishing
£41.66 + £8.33 VAT
(ePub)
Buy
Observing Law through Systems Theory ISBN 9781849462181
Published December 2012
Hart Publishing
£49.99
Answering for Crime: Responsibility and Liability in The Criminal Law ISBN 9781849460330
Published September 2009
Hart Publishing
£31.99
Answering for Crime: Responsibility and Liability in The Criminal Law (eBook) ISBN 9781847317179
Published September 2009
Hart Publishing
£26.66 + £5.33 VAT
(ePub)
Buy
Answering for Crime: Responsibility and Liability in the Criminal Law ISBN 9781841137537
Published November 2007
Hart Publishing
£65.00
£31.99
Consent in the Law ISBN 9781841136790
Published January 2007
Hart Publishing
£65.00
Legal Norms & Normativity: An Essay in Geneology ISBN 9781841134550
Published October 2006
Hart Publishing
£45.00
Costs and Cautionary Tales: Economic Insights for the Law ISBN 9781841133690
Published April 2006
Hart Publishing
£29.99
A Sociology of Jurisprudence ISBN 9781841135984
Published February 2006
Hart Publishing
£22.99
Risks and Legal Theory ISBN 9781841130903
Published April 2004
Hart Publishing
£19.99
Risks and Legal Theory ISBN 9781841130897
Published April 2004
Hart Publishing
£45.00
Law and Aesthetics ISBN 9781841130262
Published June 2001
Hart Publishing
£21.99
Law and Aesthetics ISBN 9781841132433
Published June 2001
Hart Publishing
£50.00
Law as a Social Institution
Hamish RossSenior Lecturer in Law, Napier University Law School, Edinburgh
ISBN 9781841132310
Published June 2001
Hart Publishing
£20.99
Evaluation and Legal Theory ISBN 9781841130811
Published June 2001
Hart Publishing
£25.99
Law as a Social Institution
Hamish RossSenior Lecturer in Law, Napier University Law School, Edinburgh
ISBN 9781841132303
Published June 2001
Hart Publishing
£50.00
Law in Its Own Right
Henrik Palmer OlsenLecturer, Institute of Legal Science, University of Copenhagen, Denmark, Stuart ToddingtonLecturer, University of Central Lancashire, Preston
ISBN 9781841130347
Published January 2000
Hart Publishing
£50.00