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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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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: £20.00
Hardback edition , ISBN13 9781841130347

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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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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"".