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Morality and the Nature of Law Kenneth Einar Himma (Part-Time Lecturer, Part-Time Lecturer, University of Washington)

Morality and the Nature of Law By Kenneth Einar Himma (Part-Time Lecturer, Part-Time Lecturer, University of Washington)

Morality and the Nature of Law by Kenneth Einar Himma (Part-Time Lecturer, Part-Time Lecturer, University of Washington)


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Summary

A complete survey of Himma's acclaimed work in general jurisprudence and a restatement of his influential take on 'inclusive legal positivism', in dialogue with its chief rivals. This book offers an overview of the methodology of conceptual analysis in legal theory and its grounding in moral philosophy.

Morality and the Nature of Law Summary

Morality and the Nature of Law by Kenneth Einar Himma (Part-Time Lecturer, Part-Time Lecturer, University of Washington)

Morality and the Nature of Law explores the conceptual relationship between morality and the criteria that determine what counts as law in a given societythe criteria of legal validity. Is it necessary condition for a legal system to include moral criteria of legal validity? Is it even possible for a legal system to have moral criteria of legal validity? The book considers the views of natural law theorists ranging from Blackstone to Dworkin and rejects them, arguing that it is not conceptually necessary that the criteria of legal validity include moral norms. Further, it rejects the exclusive positivist view, arguing instead that it is conceptually possible for the criteria of validity to include moral norms. In the process of considering such questions, this book considers Raz's views concerning the nature of authority and Shapiro's views about the guidance function of law, which have been thought to repudiate the conceptual possibility of moral criteria of legal validity. The book, then, articulates a thought experiment that shows that it is possible for a legal system to have such criteria and concludes with a chapter that argues that any legal system, like that of the United States, which affords final authority over the content of the law to judges who are fallible with respect to the requirements of morality is a legal system with purely source-based criteria of validity.

About Kenneth Einar Himma (Part-Time Lecturer, Part-Time Lecturer, University of Washington)

Kenneth Einar Himma lectures at the School of Law and the Information School at the University of Washington. He has published more than 100 articles in philosophy of law, information ethics, philosophy of religion, applied ethics, bioethics, and philosophy of mind.

Additional information

NPB9780198723479
9780198723479
0198723474
Morality and the Nature of Law by Kenneth Einar Himma (Part-Time Lecturer, Part-Time Lecturer, University of Washington)
New
Hardback
Oxford University Press
2019-03-13
238
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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