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Law Is a Moral Practice

Law Is a Moral Practice

Hardcover

PhilosophyGeneral Law

Currently unavailable to order

ISBN10: 067425855X
ISBN13: 9780674258556
Publisher: Harvard Univ Pr
Published: Dec 5 2023
Pages: 256
Weight: 1.15
Height: 1.00 Width: 6.20 Depth: 9.40
Language: English

A powerful argument for the essential role of morality in law, getting at the heart of key debates in public life.

What is law? And how does it relate to morality? It's common to think that law and morality are different ways of regulating our lives. But Scott Hershovitz says that this is a mistake: law is a part of our moral lives. It's a tool we use to adjust our moral relationships. The legal claims we advance in court, Hershovitz argues, are moral claims. And our legal conflicts are moral conflicts.

Law Is a Moral Practice supplies fresh answers to fundamental questions about the nature of law and helps us better appreciate why we disagree about law so deeply. Reviving a neglected tradition of legal thought most famously associated with Ronald Dworkin, Hershovitz engages with important legal and political controversies of our time, including recent debates about constitutional interpretation and the obligations of citizens and officials to obey the law.

Leavened by entertaining personal stories, guided by curiosity rather than ideology, moving beyond entrenched dichotomies like the opposition between positivism and natural law, Law Is a Moral Practice is a thought-provoking investigation of the philosophical issues behind real-world legal debates.

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General Law