Positive Law and Objective Values

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Clarendon Press, 2001 - Law - 188 pages
This book presents a comprehensive defence of legal positivism on the basis of a novel account of social conventions. Marmor argues that the law is founded on constitutive conventions, and that consequently moral values cannot determine what the law is. On the basis of a theory of socialconventions and an analysis of law's authoritative nature, the book sets out the scope of law in relation to moral and other critical values. The book also maintains, however, that moral values are objective. It comprises a detailed analysis of the concept of objectivity, arguing that many aspectsof the law, and of moral values, are metaphysically objective.
 

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Contents

Constitutive Conventions l
19
Exclusive Legal Positivism
49
The Separation Thesis and the Limits of Interpretation
71
Authority and Authorship
89
Three Concepts of Objectivity
112
Four Questions about the Objectivity of Law
135
On the Objectivity of Values
160
Bibliography
184
Copyright

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About the author (2001)

Andrei Marmor is Associate Professor at the Interdisciplinary Centre, Hertzlia, Israel and Long-Term Visiting Professor at the University of Chicago Law School

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