
At the heart of this book is the age-old question of how law and morality are related. The legal positivist, insisting on the separation of the two, explicates the concept of law independently of morality. The author challenges this view, arguing that there are, first, conceptually necessary connections between law and morality and, second, normative reasons for including moral elements in the concept of law.
This work investigates whether the concept of law can be defined independently of morality or if moral elements are inherently necessary to legal validity. Prof. Robert Alexy, a prominent legal philosopher, utilizes his background in constitutional theory and jurisprudence to challenge the tenets of legal positivism. He posits that law possesses both conceptually necessary connections to morality and normative requirements that mandate the inclusion of moral principles within legal systems.
What You Will Find
Legal scholars frequently cite this text as a primary contribution to the ongoing debate between positivist and non-positivist legal theories. Experts note that the prose is dense and requires a strong foundation in jurisprudence to fully grasp the nuances of the author's arguments.
Page Count:
160
Publication Date:
2003-03-13
Publisher:
Oxford University Press
ISBN-10:
0198259875
ISBN-13:
9780198259879
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