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Law's Moral Indifference


ISBN13: 9781849460149
To be Published: April 2030
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £60.00



We usually pay far less attention to what the law actually tells us than to the possible consequences of our disobeying it. Yet, if we try to take it at face value, we discover that the law expects us to comply not out of fear of the harmful consequences of disobedience, but because it is the law that tells us to do this or that that, at least, seems to be the law's claim. Whence does this authority over our lives derive, and why should we take the fact that it is the law that tells us to do something as a reason to do it? Legal positivism, by far the most influential theoretical doctrine on what the law is, insists that our being under a legal obligation cannot in any way entail that we should really act accordingly.

Positivists claim that if we are really to act as the law requires us to, this is not because of some supposed general moral obligation to obey the law, but rather because we think that we personally have a concrete moral, or other, reason of our own, to act thus. Yet, according to positivists, whether we happen to morally approve of the law's requirements or not is a matter of indifference to the law: law doesn't need morality in order to exist or to become knowable. For positivists the law is the law whether we like it or not. Despite its intuitive plausibility this thesis - of law's moral indifference - does not go unchallenged. This book traces the developments that established legal positivism as an almost insurmountable horizon in legal theory. But it also attempts to show that modern positivism's enduring success is due to the gradual abandonment of its core position on law's moral indifference, which, paradoxically, renders it less and less positivistic.

Subjects:
Jurisprudence

Series: Law and Practical Reason

A Dynamic Approach to Hans Kelsen's General Theory of Norms (eBook) ISBN 9781509942770
Published December 2024
Bloomsbury Academic
£81.00
(ePub)
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A Dynamic Approach to Hans Kelsen's General Theory of Norms ISBN 9781509942763
To be published December 2024
Bloomsbury Academic
£90.00
New Essays on the Nature of Legal Reasoning ISBN 9781509958801
Published November 2023
Hart Publishing
£42.99
£42.99
Law's Humility: Enlarging the Scope of Jurisprudential Disagreement ISBN 9781509945191
Published October 2022
Hart Publishing
£31.99
New Essays on the Nature of Legal Reasoning (eBook) ISBN 9781509937660
Published May 2022
Hart Publishing
£38.69
(ePub)
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New Essays on the Nature of Legal Reasoning ISBN 9781509937653
Published May 2022
Hart Publishing
£90.00
The Making of Constitutional Democracy: From Creation to Application of Law ISBN 9781509905225
Published January 2022
Hart Publishing
£90.00
£38.69
(ePub)
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£33.29
(ePub)
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£75.00
£28.79
(ePub)
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Law's Humility: Enlarging the Scope of Jurisprudential Disagreement ISBN 9781509936502
Published February 2021
Hart Publishing
£75.00
The Nature and Value of Vagueness in the Law ISBN 9781849466066
Published April 2020
Hart Publishing
£85.00
The Nature and Value of Vagueness in the Law (eBook) ISBN 9781509904457
Published April 2020
Hart Publishing
£76.50
(ePub)
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Freedom and Force: Essays on Kant's Legal Philosophy ISBN 9781509932160
Published September 2019
Hart Publishing
£39.99
Private Law and the Value of Choice ISBN 9781509929740
Published June 2019
Hart Publishing
£39.99
Freedom and Force: Essays on Kant's Legal Philosophy ISBN 9781849463164
Published May 2017
Hart Publishing
£95.00
Freedom and Force: Essays on Kant's Legal Philosophy (eBook) ISBN 9781782253075
Published May 2017
Hart Publishing
£35.99
(ePub)
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Shared Authority: Courts and Legislatures in Legal Theory ISBN 9781509913794
Published January 2017
Hart Publishing
£31.99
Private Law and the Value of Choice ISBN 9781841138862
Published January 2017
Hart Publishing
£95.00
Private Law and the Value of Choice (eBook) ISBN 9781509902842
Published January 2017
Hart Publishing
£35.99
(ePub)
Buy
Law and Authority under the Guise of the Good ISBN 9781509908448
Published September 2016
Hart Publishing
£28.99
Shared Authority: Courts and Legislatures in Legal Theory (eBook) ISBN 9781782255116
Published January 2015
Hart Publishing
£28.79
(ePub)
Buy
Shared Authority: Courts and Legislatures in Legal Theory ISBN 9781849463898
Published January 2015
Hart Publishing
£85.00
Law and Authority under the Guise of the Good ISBN 9781849464499
Published July 2014
Hart Publishing
£80.00
Law and Authority under the Guise of the Good (eBook) ISBN 9781782254270
Published July 2014
Hart Publishing
£26.09
(ePub)
Buy
Hannah Arendt and the Law ISBN 9781849464970
Published August 2013
Hart Publishing
£32.99
Hannah Arendt and the Law (eBook) ISBN 9781847319326
Published August 2013
Hart Publishing
£29.69
(ePub)
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Law, Virtue and Justice (eBook) ISBN 9781782250333
Published December 2012
Hart Publishing
£90.00
(ePub)
Buy
Law, Virtue and Justice ISBN 9781849461757
Published December 2012
Hart Publishing
£100.00
The Logic of Autonomy: Law, Morality and Autonomous Reasoning (eBook) ISBN 9781782250203
Published November 2012
Hart Publishing
£85.50
(ePub)
Buy
The Logic of Autonomy: Law, Morality and Autonomous Reasoning ISBN 9781849463461
Published November 2012
Hart Publishing
£95.00
Hannah Arendt and the Law ISBN 9781849461436
Published April 2012
Hart Publishing
£95.00
New Essays on the Normativity of Law (eBook) ISBN 9781847318237
Published August 2011
Hart Publishing
£85.50
(ePub)
Buy
New Essays on the Normativity of Law ISBN 9781849462389
Published August 2011
Hart Publishing
£95.00
The Normative Claim of Law ISBN 9781841139678
Published October 2009
Hart Publishing
£100.00
The Normative Claim of Law (eBook) ISBN 9781847317254
Published October 2009
Hart Publishing
£90.00
(ePub)
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A Fair Criminal Law ISBN 9781849463768

Hart Publishing
Publication Abandoned