Moral principles and legal validity

Ratio Juris 22 (1):44-61 (2009)
  Copy   BIBTEX

Abstract

Two recent high-quality articles, including one in this journal, have challenged the Inclusivist and Incorporationist varieties of legal positivism. David Lefkowitz and Michael Giudice, writing from perspectives heavily influenced by the work of Joseph Raz, have endeavored—in sophisticated and interestingly distinct ways—to vindicate Raz's contention that moral principles are never among the law-validating criteria in any legal system nor among the laws that are applied as binding bases for adjudicative and administrative decisions in such a system. The present article responds to their defenses of Raz's Exclusive Legal Positivism

Other Versions

No versions found

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 101,597

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Form and Agency in Raz’s Legal Positivism.Kristen Rundle - 2013 - Law and Philosophy 32 (6):767-791.
On the Separability of Law and Morality.Matthew Kramer - 2004 - Canadian Journal of Law and Jurisprudence 17 (2):315-335.
Positivism and Unity.Meir H. Yarom - 2023 - Canadian Journal of Law and Jurisprudence 36 (1):241-280.
A modest proposal.J. Allan - 2003 - Oxford Journal of Legal Studies 23 (2):197-210.
Joseph Raz's approach to legal positivism.Brian Bix - 2021 - In Torben Spaak (ed.), The Cambridge Companion to Legal Positivism. New York, NY: Cambridge University Press.

Analytics

Added to PP
2009-02-12

Downloads
121 (#179,724)

6 months
11 (#356,365)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Matthew Henry Kramer
Cambridge University

References found in this work

Justice in robes.Ronald Dworkin (ed.) - 2006 - Cambridge: Belknap Press.
The Authority of Law.Joseph Raz - 1979 - Mind 90 (359):441-443.
The Authority of Law.Alan R. White & J. Raz - 1980 - Philosophical Quarterly 30 (120):278.

View all 10 references / Add more references