Law as a Moral Idea

By: N. E. Simmonds

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Paperback | 20 July 2008

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Paperback
220 Pages

Dimensions(cm)
23.39 x 15.6 x 1.17

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This book argues that the institutions of law, and the structures of legal thought, are to be understood by reference to a moral ideal. The idea of law is an ideal of freedom, or independence from the power of others. The moral value and justificatory force of law are not contingent upon circumstance, but intrinsic to its character as law. Doctrinal legal arguments are shaped by rival conceptions of the conditions for realization of the idea of law.

In making these claims, the author rejects the viewpoint of much contemporary legal theory, and seeks to move jurisprudence closer to an older tradition of philosophical reflection upon law, exemplified by Hobbes and Kant. Modern analytical jurisprudence has tended to view these older philosophies as confused precisely in so far as they equate an understanding of law's nature with a revelation of its moral basis. According to most contemporary legal theorists, the understanding and analysis of existing institutions is quite distinct from any enterprise of moral reflection. But the relationship between ideals and practices is much more intimate than this approach would suggest. Some institutions can be properly understood only when they are viewed as imperfect attempts to realize moral or political ideals; and some ideals can be conceived only by reference to their expression in institutions.

Industry Reviews

The arguments are precise and subtle. I highly recommend ...this book, which is an invaluable contribution to our reflections on law and justice. Professor Cristobal Orrego, Persona y Derecho For a clear and elegantly argued ... view of law that balances the mundane reality of legislation, precedent and practice against the ideal or aspirational quality of legality, one need look no further... I have never seen the case for this view more clearly and persuasively stated than it is in Law as a Moral Idea. Sir Neil MacCormick

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