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Law in Its Own Right
Paperback
Series: Legal Theory Today, Book 1
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ISBN13: 9781841130286
Publisher: Hart Pub
Published: Feb 10 2000
Pages: 144
Language: English
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.
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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