Morality and the Nature of Law

Morality and the Nature of Law

Author: Kenneth Einar Himma

Publisher: Oxford University Press

Published: 2019-03-07

Total Pages: 344

ISBN-13: 0191035203

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Morality and the Nature of Law explores the conceptual relationship between morality and the criteria that determine what counts as law in a given societythe criteria of legal validity. Is it necessary condition for a legal system to include moral criteria of legal validity? Is it even possible for a legal system to have moral criteria of legal validity? The book considers the views of natural law theorists ranging from Blackstone to Dworkin and rejects them, arguing that it is not conceptually necessary that the criteria of legal validity include moral norms. Further, it rejects the exclusive positivist view, arguing instead that it is conceptually possible for the criteria of validity to include moral norms. In the process of considering such questions, this book considers Raz's views concerning the nature of authority and Shapiro's views about the guidance function of law, which have been thought to repudiate the conceptual possibility of moral criteria of legal validity. The book, then, articulates a thought experiment that shows that it is possible for a legal system to have such criteria and concludes with a chapter that argues that any legal system, like that of the United States, which affords final authority over the content of the law to judges who are fallible with respect to the requirements of morality is a legal system with purely source-based criteria of validity.


Natural Law and the Nature of Law

Natural Law and the Nature of Law

Author: Jonathan Crowe

Publisher: Cambridge University Press

Published: 2019-04-25

Total Pages: 275

ISBN-13: 1108498302

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Presents a systematic, contemporary defence of the natural law outlook in ethics, politics and jurisprudence.


God and Moral Law

God and Moral Law

Author: Mark C. Murphy

Publisher: Oxford University Press

Published: 2011-11-17

Total Pages: 204

ISBN-13: 0199693668

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Does God's existence make a difference to how we explain morality? Mark C. Murphy critiques the two dominant theistic accounts of morality—natural law theory and divine command theory—and presents a novel third view. He argues that we can value natural facts about humans and their good, while keeping God at the centre of our moral explanations. The characteristic methodology of theistic ethics is to proceed by asking whether there are features of moral norms that can be adequately explained only if we hold that such norms have some sort of theistic foundation. But this methodology, fruitful as it has been, is one-sided. God and Moral Law proceeds not from the side of the moral norms, so to speak, but from the God side of things: what sort of explanatory relationship should we expect between God and moral norms given the existence of the God of orthodox theism? Mark C. Murphy asks whether the conception of God in orthodox theism as an absolutely perfect being militates in favour of a particular view of the explanation of morality by appeal to theistic facts. He puts this methodology to work and shows that, surprisingly, natural law theory and divine command theory fail to offer the sort of explanation of morality that we would expect given the existence of the God of orthodox theism. Drawing on the discussion of a structurally similar problem—that of the relationship between God and the laws of nature—Murphy articulates his new account of the relationship between God and morality, one in which facts about God and facts about nature cooperate in the explanation of moral law.


Morality in the Philosophy of Thomas Hobbes

Morality in the Philosophy of Thomas Hobbes

Author: S. A. Lloyd

Publisher: Cambridge University Press

Published: 2009-07-20

Total Pages: 437

ISBN-13: 0521861675

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In this book, S. A. Lloyd offers a radically new interpretation of Hobbes's laws of nature, revealing them to be not egoistic precepts of personal prudence but rather moral instructions for obtaining the common good. This account of Hobbes's moral philosophy stands in contrast to both divine command and rational choice interpretations. Drawing from the core notion of reciprocity, Lloyd explains Hobbes's system of "cases in the law of nature" and situates Hobbes's moral philosophy in the broader context of his political philosophy and views on religion. Offering ingenious new arguments, Lloyd defends a reciprocity interpretation of the laws of nature through which humanity's common good is secured.


A Shared Morality

A Shared Morality

Author: Craig A. Boyd

Publisher: Baker Books

Published: 2007-11-01

Total Pages: 261

ISBN-13: 1585585092

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Morality based on natural law has a long tradition, and has proven to be quite resilient in the face of numerous attacks and challenges over the years. Those challenges are no less serious today, which leads one to ask if natural law is still a viable foundation for ethics. Craig Boyd provides a contemporary defense of natural law theory against modern challenges from the arenas of science, religion, culture, and philosophy. In his analysis, he defends many of the classical elements of natural law, but also takes into account the contributions of scientific discoveries about human nature. He concludes that natural law is a necessary but not sufficient basis for ethics that must be accompanied by a theory of virtue.


How Hume and Kant Reconstruct Natural Law

How Hume and Kant Reconstruct Natural Law

Author: Kenneth R. Westphal

Publisher: Oxford University Press

Published: 2016-04-07

Total Pages: 286

ISBN-13: 0191064122

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Kenneth R. Westphal presents an original interpretation of Hume's and Kant's moral philosophies, the differences between which are prominent in current philosophical accounts. Westphal argues that focussing on these differences, however, occludes a decisive, shared achievement: a distinctive constructivist method to identify basic moral principles and to justify their strict objectivity, without invoking moral realism nor moral anti-realism or irrealism. Their constructivism is based on Hume's key insight that 'though the laws of justice are artificial, they are not arbitrary'. Arbitrariness in basic moral principles is avoided by starting with fundamental problems of social coördination which concern outward behaviour and physiological needs; basic principles of justice are artificial because solving those problems does not require appeal to moral realism (nor to moral anti-realism). Instead, moral cognitivism is preserved by identifying sufficient justifying reasons, which can be addressed to all parties, for the minimum sufficient legitimate principles and institutions required to provide and protect basic forms of social coördination (including verbal behaviour). Hume first develops this kind of constructivism for basic property rights and for government. Kant greatly refines Hume's construction of justice within his 'metaphysical principles of justice', whilst preserving the core model of Hume's innovative constructivism. Hume's and Kant's constructivism avoids the conventionalist and relativist tendencies latent if not explicit in contemporary forms of moral constructivism.


Law, Morality, and Legal Positivism

Law, Morality, and Legal Positivism

Author: International Association for Philosophy of Law and Social Philosophy. World Congress

Publisher: Franz Steiner Verlag

Published: 2004

Total Pages: 188

ISBN-13: 9783515085137

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Contents P. Capps: Positivism in Law and International Law D. von Daniels: Is Positivism a State Centered Theory? K. E. Himma: Legal Positivism's Conventionality Thesis and the Methodology of Conceptual Analysis R. Nunan: A Modest Rehabilitation of the Separability Thesis A. Oladosu: Choosing Legal Theory on Cultural Grounds: An African Case for Legal Positivism C. Orrego: Hart's Last Legal Positivism: Morality Might Be Objective; Legality Certainly is Not M. Pavcnik: Die (Un)Produktivitat der Positivistischen Jurisprudenz M. Haase: The Hegelianism in Kelsen's Pure Theory of Law S. Papaefthymiou: The House Kelsen Built U. J. Pak: Legal Practitioners' Need of Reflective Application of Legal Philosophy in Korea U. Schmill: Jurisprudence and the Concept of Revolution D. Venema: Judicial Discretion: a Necessary Evil? J. Baker: Rights, Obligations, and Duties, and the Intersection of Law, Conventions and Morals S. Bertea: Legal Systems' Claim to Normativity and the Concept of Law J. Dalberg-Larsen: On the Relevance of Habermas and Theories of Legal Pluralism for the Study of Environmental Law A. Philippopoulos-Mihalopoulos: A Connection of No-Connection in Luhmann and Derrida.


Law: A Very Short Introduction

Law: A Very Short Introduction

Author: Raymond Wacks

Publisher: OUP Oxford

Published: 2008-03-27

Total Pages: 192

ISBN-13: 9780199214969

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Law touches every aspect of our daily lives, and yet the main concepts, terms, and processes of the legal system remain obscure to many. This Very Short Introduction provides a clear, jargon-free account of modern legal systems, explaining how the law works both in the Western tradition and around the world.


Law and Morality

Law and Morality

Author: KennethEinar Himma

Publisher: Routledge

Published: 2017-07-05

Total Pages: 857

ISBN-13: 1351560794

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This volume collects many of the key essays exploring the possible relationships between the concepts of law and morality, a central concern of contemporary philosophizing about law. It is organized around five conceptual issues: classical natural law theory; legal positivism's separability thesis; Ronald Dworkin's constructive interpretivism; inclusive legal positivism's assertion that there can be legal systems with moral criteria of legality; and the relevance of morality and moral theorizing in theorizing about the concept of law and associated legal concepts. Each of the essays makes an important contribution toward addressing these issues.