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"He is a remarkably skillful interpreter of the positivist legal philosophers and probably the most stimulating current contributor to discussion of the issues they raised."--Thomas Morawetz in Ethics. Joseph Raz examines here the nature of law and its relations to morality, concentrating on the issue of the proper moral attitude of a citizen towards the law of his country. A discussion of the concept of legitimate authority is followed by a detailed explanation and defense of the legal positivist's approach to law. Within this framework the author examines several areas where legal analysis is often thought to be penetrated by moral values, particularly the social functions of the law, judicial creativity, and the ideals of the rule of law.
This work investigates the nature of law and its relationship to morality, specifically addressing the moral obligations a citizen holds toward the legal system of their country. Joseph Raz, a prominent legal philosopher, utilizes the framework of legal positivism to analyze the legitimacy of authority. He systematically defends the positivist approach while scrutinizing areas where legal analysis intersects with moral values, such as judicial discretion and the rule of law.
What You Will Find
Experts recognize this work as a foundational text in contemporary jurisprudence that challenges standard interpretations of positivist legal philosophy. Readers frequently note the high level of academic density and the precise, analytical rigor applied to complex moral and legal questions.
Page Count:
304
Publication Date:
1983-10-20
Publisher:
Oxford University Press
ISBN-10:
0198254938
ISBN-13:
9780198254935
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