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In Defense of Legal Positivism: Law Without Trimmings

Autor Matthew Kramer
en Limba Engleză Hardback – 30 iun 1999
In Defense of Legal Positivism is an uncompromising 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
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Specificații

ISBN-13: 9780198268192
ISBN-10: 019826819X
Pagini: 324
Dimensiuni: 163 x 242 x 29 mm
Greutate: 0.73 kg
Editura: OUP OXFORD
Colecția OUP Oxford
Locul publicării:Oxford, United Kingdom

Recenzii

Kramer's analyses make stimulating reading ... he manages to clear much dead wood from the debate concerning the moral content of law and provides interesting arguments to which those of a different persuasion will have to respond.
Matthew Kramer, with characteristic vigour and analytical force, presents a staunch defence of positivism.
Kramer provides an exhaustive defense of legal positivism against those who attribute a necessary relationship between law and morality... his argument is a useful counterweight to the predominance of liberal moralizing and American parochialism that plagues contemporary legal theorizing...Kramer... performs a valuable reminder to his fellow legal theorists that the act of maintaining the law by judges can be as self-interested and hypocritical as can the partisan business of legislation. One hopes that legal scholars have not become too pious (or self-interested, for that matter) to take up Kramer's challenge.

Notă biografică

Matthew Kramer is University Lecturer in Jurisprudence, Cambridge University and Fellow and Director of Studies in Law, Churchill College, Cambridge