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OverviewHow are law and morality connected, how do they interact, and in what ways are they distinct? These questions have been a fundamental concern in the modern analytic philosophy of law. In Where Law and Morality Meet Matthew Kramer reviews the most influential accounts of legal and moral reasoning and presents his own conception of whether moral principles should be incorporated into a concept of law.In Part One, Kramer argues that moral principles can enter into the law of any jurisdiction. He contends that legal officials can invoke moral principles as laws for resolving disputes, and that they can also invoke them as threshold tests which ordinary laws must satisfy. In opposition to many other theorists, Kramer argues that these functions of moral principles are consistent with the essential characteristics of any legal system.Part Two reaffirms the legal positivist argument that law and morality are separable, arguing against the position of natural-law theory, which portrays legal requirements as a species of moral requirements. Kramer contends that even though the existence of a legal system in any sizeable society is essential for the realization of fundamental moral values, law is not inherently moral either in its effects or in its motivational underpinnings.In the final part, Kramer contests the widespread view that people whose conduct is meticulously careful cannot be held morally responsible for harmful effects of their actions. Through this argument, he reveals that fault-independent liability is present even more prominently in morality than in the law. Full Product DetailsAuthor: Matthew H. Kramer (Professor of Legal and Political Philosophy at the University of Cambridge, Fellow of Churchill College, and Director of the Cambridge Forum for Legal and Political Philosophy)Publisher: Oxford University Press Imprint: Oxford University Press Dimensions: Width: 15.50cm , Height: 1.60cm , Length: 23.30cm Weight: 0.001kg ISBN: 9780199546138ISBN 10: 0199546134 Pages: 320 Publication Date: 19 June 2008 Audience: College/higher education , Professional and scholarly , Undergraduate , Postgraduate, Research & Scholarly Format: Paperback Publisher's Status: Active Availability: To order  Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us. Table of ContentsPREFACE CONTENTS INTRODUCTION PART I -- WHERE LAW AND MORALITY MEET: LEGAL POSITIVISM AND THE IDENTIFICATION OF LEGAL NORMS CHAPTER 1: HOW MORAL PRINCIPLES CAN ENTER INTO THE LAW CHAPTER 2: THROWING LIGHT ON THE ROLE OF MORAL PRINCIPLES IN THE LAW: FURTHER REFLECTIONS CHAPTER 3: ON MORALITY AS A NECESSARY OR SUFFICIENT CONDITION FOR LEGALITY CHAPTER 4: OF FINAL THINGS: MORALITY AS ONE OF THE ULTIMATE DETERMINANTS OF LEGAL VALIDITY PART II -- WHERE LAW AND MORALITY DIVERGE: LEGAL POSITIVISM REAFFIRMED CHAPTER 5: LEGAL POSITIVISM DEFENDED CHAPTER 6: ON THE MORAL STATUS OF THE RULE OF LAW CHAPTER 7: ON THE SEPARABILITY OF LAW AND MORALITY PART III -- FROM LEGAL PHILOSOPHY TO MORAL PHILOSOPHY: AFFINITIES BETWEEN LAW AND MORALITY CHAPTER 8: MORAL RIGHTS AND THE LIMITS OF THE 'OUGHT'-IMPLIES-'CAN' PRINCIPLE: WHY IMPECCABLE INTENTIONS ARE NO EXCUSEReviewsThat Kramer's prior work in this area has already received so much critical attention itself suggests that anyone interested in contemporary legal theory would benefit from this book's careful review of the contemporary lanscape of legal positivism and its subtle and often pursuasive arguments advancing those horizons. Brian D. Berry, Law & Phiosophy Program, University of Texas That Kramer's prior work in this area has already received so much critical attention itself suggests that anyone interested in contemporary legal theory would benefit from this book's careful review of the contemporary lanscape of legal positivism and its subtle and often pursuasive arguments advancing those horizons. * Brian D. Berry, Law & Phiosophy Program, University of Texas * `That Kramer's prior work in this area has already received so much critical attention itself suggests that anyone interested in contemporary legal theory would benefit from this book's careful review of the contemporary lanscape of legal positivism and its subtle and often pursuasive arguments advancing those horizons.' Brian D. Berry, Law & Phiosophy Program, University of Texas Author InformationMatthew H. Kramer is Professor of Legal and Political Philosophy at the University of Cambridge, Fellow of Churchill College, and Director of the Cambridge Forum for Legal and Political Philosophy. Tab Content 6Author Website:Countries AvailableAll regions |
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