Following successful sign in, you will be returned to Oxford Academic. Kramer contends that even though the existence of a legal system in any sizeable society is essential for the realization of fundamental moral values, law is not inherently moral either in its effects or in its motivational underpinnings. These questions have been a fundamental concern in the modern analytic philosophy of law. Through a variety of arguments, Where Law and Morality Meet highlights both some surprising affinities and some striking divergences between morality and law. We noted in chapter 1 how the sociologist Emile Durkheim presented a theory of social cohesion, part . Morality is generally the basis of law, i.e. Introduction It is evident that both law and morality serve to channel our behav- ior. Some societies use Oxford Academic personal accounts to provide access to their members. A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions. Whereas some legal positivists in recent years have queried the separability of law and morality, this chapter strongly reaffirms that separability. It is instrumentally valuable when it coordinates interaction, provides moral advice and leadership, models the virtues, and motivates us to be, Jurisprudential debate about the grounds of law often focuses on the status of morality. 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Enter your library card number to sign in. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account. Keywords: legal positivism, Philip Soper, reasons-for-action, motivations, Nigel Simmonds. Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. Amazon.com: Where Law and Morality Meet: 9780199546138: Kramer, Matthew H.: Books Books New, Used & Rental Textbooks Humanities Buy new: $39.15 List Price: $60.00 Save: $20.85 (35%) FREE delivery Sep 22 - 28. Do not use an Oxford Academic personal account. This introductory chapter distinguishes three varieties of legal positivism. 14 day loan required to access PDF files. Jurisprudence and Philosophy of Law. Shibboleth / Open Athens technology is used to provide single sign-on between your institutions website and Oxford Academic. There are no reviews yet. Price: 50.00 (Hardback) 0-19-927419-3 Throwing Light on the Role of Moral Principles in the Law: Further 2010. In Part I of this book, Matthew Kramer argues that moral principles can enter into the law of any jurisdiction. In Where Law and Morality Meet Matthew Kramer reviews the most influential accounts of legal and moral reasoning and presents his own conception of whether moral principles should be. If your institution is not listed or you cannot sign in to your institutions website, please contact your librarian or administrator. Everyday low prices and free delivery on eligible orders. Check out the new look and enjoy easier access to your favorite features. Offers a robust defence of legal positivism by one of the position's leading exponents; Provides a comprehensive review of the literature on a central question in the philosophy of law; Offers original, controversial arguments on the role of fault in moral liability and the moral conception of the . While morals are the standards of behaviour that individuals should follow in order to live peacefully with acceptability but they are not compulsory like law. Do not use an Oxford Academic personal account. Select your institution from the list provided, which will take you to your institution's website to sign in. Oxford University Press, Oxford. Society member access to a journal is achieved in one of the following ways: Many societies offer single sign-on between the society website and Oxford Academic. Where Law and Morality Meet | Cambridge Forum for Legal and Political Institutions of law: an essay in legal theory. Where law and morality meet in SearchWorks catalog How are law and morality connected, how do they interact, and in what ways are they distinct? Part II reaffirms the legal positivist argument that law and morality are separable, arguing against the position of natural-law theory, which portrays legal requirements as a species of moral requirements. Published 30 December 2004. When on the institution site, please use the credentials provided by your institution. Where Law and Morality Meet - ResearchGate This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account. So too, on reection, does morality involve incentives See below. It emphasizes that the positivist insistence on the separability of law and morality is not a single thesis but instead an array of theses focused on different aspects of morality. View your signed in personal account and access account management features. Society member access to a journal is achieved in one of the following ways: Many societies offer single sign-on between the society website and Oxford Academic. Faculty of Law It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide. Where law and morality meet - Archive.org Legal Positivism: Inclusive | SpringerLink Oxford University Press is a department of the University of Oxford. Edited by William Sweet. Publication date: 21 October 2004. By clicking accept or continuing to use the site, you agree to the terms outlined in our, 10.1093/acprof:oso/9780199546138.001.0001. In opposition to many other theorists, Kramer argues that these functions of moral principles are consistent with the essential characteristics of any legal system. This chapter develops further the positions taken in Chapter 1, and it explains how moral principles can enter into the law of a legal system even if legal officials are mistaken in many of the concrete moral judgments which they reach during their adjudicative and administrative determinations. A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions. Enter your library card number to sign in. It furthers the University's objective of excellence in research, scholarship, and education by publishing worldwide, This PDF is available to Subscribers Only. You do not currently have access to this chapter. Following successful sign in, you will be returned to Oxford Academic. questions, How the FROM LEGAL PHILOSOPHY TO MORAL PHILOSOPHY: AFFINITIES BETWEEN LAW AND MORALITY-- CHAPTER 8: MORAL RIGHTS AND THE LIMITS OF THE 'OUGHT'-IMPLIES-'CAN' PRINCIPLE: WHY IMPECCABLE INTENTIONS ARE NO EXCUSE. Semantic Scholar is a free, AI-powered research tool for scientific literature, based at the Allen Institute for AI. PDF Law versus Morality as Regulators of Conduct - Harvard Law School If you see Sign in through society site in the sign in pane within a journal: If you do not have a society account or have forgotten your username or password, please contact your society. View the institutional accounts that are providing access. PREFACE CONTENTS INTRODUCTION PART I - WHERE LAW AND MORALITY MEET: LEGAL POSITIVISM AND THE IDENTIFICATION OF LEGAL NORMS CHAPTER 1: HOW MORAL PRINCIPLES CAN ENTER INTO THE LAW CHAPTER 2: THROWING LIGHT ON THE ROLE OF MORAL PRINCIPLES IN THE LAW: FURTHER REFLECTIONS CHAPTER 3: ON MORALITY AS A NECESSARY OR SUFFICIENT CONDITION FOR LEGALITY CHAPTER 4: OF FINAL THINGS: MORALITY AS ONE OF THE ULTIMATE DETERMINANTS OF LEGAL VALIDITY PART II - WHERE LAW AND MORALITY DIVERGE: LEGAL POSITIVISM, This article examines the possibility of moral considerations and arguments serving as validity conditions of law in legal positivist theory. part i: where law and morality meet: legal positivism and the identification of legal norms chapter 1: how moral principles can enter into the law chapter 2: throwing light on the role of moral principles in the law: further reflections chapter 3: on morality as a necessary or sufficient condition for legality If you are a member of an institution with an active account, you may be able to access content in one of the following ways: Typically, access is provided across an institutional network to a range of IP addresses. Some societies use Oxford Academic personal accounts to provide access to their members. Shibboleth / Open Athens technology is used to provide single sign-on between your institutions website and Oxford Academic. In the second part of the book, Kramer reaffirms legal positivism's insistence on the separability of law and morality. If you are a member of an institution with an active account, you may be able to access content in one of the following ways: Typically, access is provided across an institutional network to a range of IP addresses. Some societies use Oxford Academic personal accounts to provide access to their members. Through a variety of arguments, then, Where Law and Morality Meet highlights some surprising affinities and some striking divergences between morality and law. Google Scholar Loughlin, Stephen J. Imprint Oxford : Oxford .
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