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In Defense of Legal Positivism : Law Without Trimmings - Matthew Kramer

In Defense of Legal Positivism

Law Without Trimmings

Hardcover

Published: 1st December 1999
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In Defense of Legal Positivism is an uncompromising defence of legal positivism that insists on the separability of law and morality. After distinguishing among three facets of morality, Matthew Kramer explores a variety of ways in which law has been perceived as integrally connected to each of those facets. Some of the chapters pose arguments against other major theorists such as David Lyons, Lon Fuller, Joseph Raz, Michael Detmold, Ronal Dworkin, Nigel Simmonds, John Finnis, Philip Soper, Neil McCormick, Gerald Postema, Stephen Perry, and Michael Moore while others extend rather than defend legal positivism; they refine the insights of positivism and develop the implications of those insights in strikingly novel directions. The book concludes with a detailed discussion of the obligation to obey the law - a discussion that highlights the strengths of legal positivism in the domain of political philosophy as much as in the domain of jurisprudence

`Kramer's analyses make stimulating reading ... he manages to clear much dead wood from the debate concerning the moral content of law and provides interesting arguments to which those of a different persuasion will have to respond.' Patrick Capps, Modern Law Review, Sept. 2000. `Matthew Kramer, with characteristic vigour and analytical force, presents a staunch defence of positivism.' Patrick Capps, Modern Law Review, Sept. 2000. `Kramer provides an exhaustive defense of legal positivism against those who attribute a necessary relationship between law and morality... his argument is a useful counterweight to the predominance of liberal moralizing and American parochialism that plagues contemporary legal theorizing...Kramer... performs a valuable reminder to his fellow legal theorists that the act of maintaining the law by judges can be as self-interested and hypocritical as can the partisan business of legislation. One hopes that legal scholars have not become too pious (or self-interested, for that matter) to take up Kramer's challenge.' The Law and Politics Book Review Vol.10 No.1

Preface 1: Introduction PART I: POSITIVISM DEFENDED 2: Justice as Constancy 3: Scrupulousness Without Scruples: A Critique of Lon Fuller and His Defenders 4: Requirements, Reasons, and Raz: Legal Positivism and Legal Duties 5: The Law in Action: A Study in Good and Evil 6: Also Among the Prophets: Some Rejoinders to Ronald Dworkin's Attacks on Legal Positivism PART II: POSITIVISM EXTENDED 7: Disclaimers and Reassertions 8: Elements of a Conceptual Framework 9: Law and Order: Some Implications Index

ISBN: 9780198268192
ISBN-10: 019826819X
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 324
Published: 1st December 1999
Publisher: Oxford University Press
Country of Publication: GB
Dimensions (cm): 24.2 x 16.3  x 2.9
Weight (kg): 0.6