Positive Law and Objective Values
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.
What people are saying - Write a review
We haven't found any reviews in the usual places.
Constitutive Conventions l
Exclusive Legal Positivism
The Separation Thesis and the Limits of Interpretation
Authority and Authorship
Three Concepts of Objectivity
Four Questions about the Objectivity of Law
On the Objectivity of Values
apply argue argument argument from queerness aspects assume Austin's authoritative directive basically chapter chess claim class of statements Cognitivism conception of authority concerns constitutive conventions conventional foundation conventional rules conventionally coordination conventions coordination problem course cultural decision determine distinction Dworkin entail epistemic essential evaluative judgements example explain fact function H. L. A. Hart Hart Hart's idea inclusive positivism instrumental rationality interpretation Jeremy Waldron Joseph Raz judges judicial objectivity kind law's legal authority legal norms legal positivism legal positivists legal principles legal system Legal Theory legal validity legislative legitimacy Leslie Green metaphysical objectivity nature necessarily ontology particular philosophical political possible practical authority prescribe question Raz's realism reasons for action reasons for following relevant render Ronald Dworkin rules of recognition semantically objective simply social conventions social practice sources thesis subjectivism subjectivist subjects tion true truth typically values ventions Waldron