Free shipping on orders over $99
Beyond Legal Positivism

Beyond Legal Positivism

The Moral Authority of Law

by Whitley R. P. Kaufman
Hardback
Publication Date: 29/10/2023

Share This Book:

  $229.75
or 4 easy payments of $57.44 with
afterpay
This item qualifies your order for FREE DELIVERY

Legal Positivism has been the dominant school of legal philosophy for much of the last century, despite its many critics. Its central tenet has long been that there is no necessary connection between law and morality. This book provides a broad but clear and jargon-free account of the central objections to the theory and why those objections are sufficient to show that legal positivism is no longer tenable. This includes a broad critique of the purported distinction method of legal positivism, the idea of 'conceptual analysis,' as well as a detailed assessment of the most influential of all legal positivist theories, that of H.L.A. Hart. The book also provides a defense of the natural law school, which holds in contrast to legal positivism that the authority of law arises from its intrinsic connection to morality. The author demonstrates that most of the criticism of the natural law school arises from a caricatured account of that doctrine, for instance the idea that it requires substantive theological commitments or particular conceptions of human nature. In contrast, the author presents an account of natural law theory that is grounded in a commitment to moral truth, but not to any theological beliefs.  The nature of law can only be understood in terms of its moral function, to provide a clear set of moral rules that are required for a society to function effectively.

ISBN:
9783031438677
9783031438677
Category:
Jurisprudence & philosophy of law
Format:
Hardback
Publication Date:
29-10-2023
Language:
English
Publisher:
Springer International Publishing AG
Country of origin:
Switzerland
Dimensions (mm):
235x155mm
Weight:
0.42kg

This title is in stock with our Australian supplier and should arrive at our Sydney warehouse within 1 - 2 weeks of you placing an order.

Once received into our warehouse we will despatch it to you with a Shipping Notification which includes online tracking.

Please check the estimated delivery times below for your region, for after your order is despatched from our warehouse:

ACT Metro: 2 working days
NSW Metro: 2 working days
NSW Rural: 2-3 working days
NSW Remote: 2-5 working days
NT Metro: 3-6 working days
NT Remote: 4-10 working days
QLD Metro: 2-4 working days
QLD Rural: 2-5 working days
QLD Remote: 2-7 working days
SA Metro: 2-5 working days
SA Rural: 3-6 working days
SA Remote: 3-7 working days
TAS Metro: 3-6 working days
TAS Rural: 3-6 working days
VIC Metro: 2-3 working days
VIC Rural: 2-4 working days
VIC Remote: 2-5 working days
WA Metro: 3-6 working days
WA Rural: 4-8 working days
WA Remote: 4-12 working days

Reviews

Be the first to review Beyond Legal Positivism.