The Argument from Injustice by Robert Alexy, Stanley L. Paulson, Bonnie L. Paulson
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Format Hardcover
Condition Brand New
Description At the heart of this book is the age-old question of how law and morality are related. The author challenges this view, arguing that there are, first, conceptually necessary connections between law and morality and, second, normative reasons for including moral elements in the concept of law.
Publisher Description
At the heart of this book is the age-old question of how law and morality are related. The legal positivist, insisting on the separation of the two, explicates the concept of law independently of morality. The author challenges this view, arguing that there are, first, conceptually necessary connections between law and morality and, second, normative reasons for including moral elements in the concept of law. While the conceptual argument alone is too limited toestablish a sufficiently strong connection between law and morality, and the normative argument alone fails to address the nature of law, the two arguments together support a nonpositivistic concept oflaw, toppling legal positivism qua comprehensive theory of law.The author makes his case within a conceptual framework of five distinctions that can be variously combined to represent a multiplicity of presuppositions or perspectives underlying the enquiry into the relationship of law and morality. In this context, it can indeed be shown that there are perspectives that bespeak solely a positivistic concept of law. The decisive point, however, is that there is aperspective, necessary to the law, that necessarily presupposes a nonpositivistic concept of law. This is the perspective of a participant in the legal system, asking for the correct answer to a legalquestion in this legal system. The participant-thesis is demonstrated by appeal to Gustav Radbruch's formula (extreme injustice is not law) and to the judge's balancing of principles in deciding a concrete case. The author arrives at a concept of law that systematically links classical elements of legal positivism - authoritative issuance and social efficacy - with the desideratum of nonpositivistic legal theory, correctness of content.
Author Biography
Robert Alexy has been Professor of Law, Christian Albrechts University Kiel, since 1986. He was Dean of the Faculty of Law, Kiel, 1998-2000. He was President from1994 until 1998, of the German Section of the International Association for Philosophy of Law and Social Philosophy (IVR).
Details ISBN 0198259875 ISBN-13 9780198259879 Title The Argument from Injustice Author Robert Alexy, Stanley L. Paulson, Bonnie L. Paulson Format Hardcover Year 2002 Pages 160 Publisher Oxford University Press GE_Item_ID:137032714; About Us
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