At the Intersection of Legality and Morality: Hartian Law as Natural Law
Into the far too frequently arid debate in legal philosophic writings, wherein positivists and natural lawyers rack up critical but nondecisive points one against the other, enters a fresh perspective which details a firm foundation for reconsidering the joinder of past enemies under a unified banner. Carefully sifting the work of writers such as H.L.A. Hart and Hans Kelsen, who insist upon the analytic separation of law as it 'is' from law as it 'ought to be', the book employs illustrative case law to highlight and methodically move through positivism's strengths and weaknesses, and suggests modifications and elaborations that slowly but finally break down this barrier of separation. In the end, a sound theory of positivism is seen to unfold as natural law.
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The Jurisprudence of Discretion
Social Morality Legal Obligation
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adjudication analysis Analytical Jurisprudence apply argument behavior bigamy bivalence thesis Black and Douglas chapter claim commitment common law Concept of Law concerning constitutional Court criminal law critical decision Devlin dispositive distinction doctrine Dudley and Stephens due process Dworkin Dworkinian enforce essay example exist fact ﬁnd ﬁrst ﬁt footnote Frankfurter grounds H.L.A. Hart Hart's Hart’s Hartian Hume Hume’s individual interests internal JOURNAL judges judgment judicial decision-making JURISPRUDENCE justice Kelsen law and morals LAW REVIEW legal obligation LEGAL PHILOSOPHY Legal Positivism legal reasons legal system legal theory legislative logical MacCormick majority’s man’s marriage monogamy natural law necessary necessity notion ofﬁcials one’s original emphasis PCAs polyandry polygamy polygyny position positivist possible principles punishment query recognized reﬂected Rochin Ronald Dworkin rules sanctions signiﬁcant Sindell social society speciﬁc standards sufﬁcient supra theory of law TREATISE U.S. Supreme Court validity vulnerability weak sense