In Defense of Legal Positivism: Law Without Trimmings

Paperback | October 15, 2003

byMatthew H. Kramer

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In Defense of Legal Positivism is an uncompromising defence of legal positivism that insists on the separability of law and morality. After distinguishing among three facets of morality, Matthew Kramer explores a variety of ways in which law has been perceived as integrally connected to eachof those facets.Some of the chapters pose arguments against other major theorists such as David Lyons, Lon Fuller, Joseph Raz, Michael Detmold, Ronald Dworkin, Nigel Simmonds, John Finnis, Philip Soper, neil McCormick, gerald Postema, Stephen Perry, and Michael Moore, while others extend rather than defend legalpositivism; they refine the insights of legal positivism and develop the implications of those insights in strikingly novel directions. The book concludes with a detailed discussion of the obligation to obey the lae- a discussion that highlights the strengths of legal positivism in the domain ofpolitical philosophy as much as in the domain of jurisprudence.

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In Defense of Legal Positivism is an uncompromising defence of legal positivism that insists on the separability of law and morality. After distinguishing among three facets of morality, Matthew Kramer explores a variety of ways in which law has been perceived as integrally connected to eachof those facets.Some of the chapters pose arg...

Matthew Kramer is Professor of Legal and Political Philosophy at the University of Cambridge, and fellow and director of studies in Law at Churchill College Cambridge.

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Format:PaperbackDimensions:324 pages, 9.21 × 6.14 × 0.7 inPublished:October 15, 2003Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019926483X

ISBN - 13:9780199264834

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Table of Contents

Preface1. IntroductionPART I: POSITIVISM DEFENDED2. Justice as Constancy3. Scrupulousness Without Scruples: A Critique of Lon Fuller and His Defenders4. Requirements, Reasons, and Raz: Legal Positivism and Legal Duties5. The Law in Action: A Study in Good and Evil6. Also Among the Prophets: Some Rejoinders to Ronald Dworkin's Attacks on Legal PositivismPART II: POSITIVISM EXTENDED7. Disclaimers and Reassertions8. Elements of a Conceptual Framework9. Law and Order: Some ImplicationsIndex

Editorial Reviews

`Matthew Kramer's recent defense of legal positivism [is] one of the clearest and most powerful analyses to appear in recent years.'Philip Soper