Positive Law And Objective Values
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Positive Law and Objective Values
This book presents a comprehensive defence of legal positivism on the basis of a novel account of social conventions. Marmor argues that the law is founded on constitutive conventions, and that consequently moral values cannot determine what the law is. On the basis of a theory of social conventions and an analysis of law's authoritative nature, the book sets out the scope of law in relation to moral and other critical values. The book also maintains, however, that moral values are objective. It comprises a detailed analysis of the concept of objectivity, arguing that many aspects of the law, and of moral values, are metaphysically objective.
Positive Law and Objective Values
Mamor pesents a defence of legal positivism on the basis of a novel account of social conventions, arguing that the law is founded on constitutive conventions, and that consequently moral values cannot determine what the law is.
Objectivity in Jurisprudence, Legal Interpretation and Practical Reasoning
Author: Villa-Rosas, Gonzalo
language: en
Publisher: Edward Elgar Publishing
Release Date: 2022-10-18
This thought-provoking book explores the multifaceted phenomenon of objectivity and its relations to various aspects of jurisprudence, legal interpretation and practical reasoning. Featuring contributions from an international group of researchers from differing legal contexts, it addresses topics relevant not only from a theoretical point of view but also themes directly connected with legal and judicial practice.