Positive Law and Objective Values

By: Andrei Marmor

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Hardcover | 24 May 2001

At a Glance

Hardcover
204 Pages

Dimensions(cm)
23.39 x 15.6 x 1.27

Hardcover

$106.75

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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.

Industry Reviews

thought-provoking and philosophically sophisticated ... deserves attention from anyone interested in the philosophy of law ... [Marmor's] analysis of constitutive conventions is stimulating ... In an age tarnished by the fatuities of postmodernist mountebanks, his rigorous approach to the philosophy of law is admirable indeed. The Cambridge Law Journal

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