Libro Law in Its Own Right De Olsen, Henrik ; Gardner, John ; Toddington, Stuart

Formato

Libro Físico

Autor

Henrik Olsen

Stuart Toddington

Editorial

Hart Publishing

Año

2000

Idioma

Inglés

N° páginas

144

Encuadernación

Tapa Blanda

ISBN

1841130281

ISBN13

9781841130286

Categorías

Teoría del derecho

Law in Its Own Right

Henrik Olsen (Autor) · Stuart Toddington (Autor) · Hart Publishing · Tapa Blanda

Sin Stock

Reseña del libro "Law in Its Own Right"

What, precisely, is the relationship between legality and morality? Does legal validity rest upon moral validity? Are legal obligations moral obligations? For some years now schools of jurisprudential Naturalism and Positivism have become increasingly ambiguous in their responses to these questions. Olsen and Toddington argue that equivocation on the central issue here - that of obligation - has brought legal theory to the point where leading legal positivists and natural lawyers no longer retain significant differences. Instead, they allege, we are left with the remnants of what has always been, philosophically, a phoney war. The authors of this lucid and refreshing analysis of the concept of law, arguing from the perspectives of social science and political philosophy, show that jurisprudence must acknowledge that the political, the moral, and the legal are located within a continuum of practical reason, and that law's 'autonomy' from morality can not entail its 'separation' from it.