Law as a Moral Idea

Paperback | August 20, 2008

byNigel Simmonds

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This book argues that the institutions of law, and the structures of legal thought, are to be understood by reference to a moral ideal. The idea of law is an ideal of freedom, or independence from the power of others. The moral value and justificatory force of law are not contingent uponcircumstance, but intrinsic to its character as law. Doctrinal legal arguments are shaped by rival conceptions of the conditions for realisation of the idea of law. In making these claims, the author rejects the viewpoint of much contemporary legal theory, and seeks to move jurisprudence closer to an older tradition of philosophical reflection upon law, exemplified by Hobbes and Kant. Modern analytical jurisprudence has tended to view these older philosophiesas confused precisely in so far as they equate an understanding of law's nature with a revelation of its moral basis. According to most contemporary legal theorists, the understanding and analysis of existing institutions is quite distinct from any enterprise of moral reflection. But therelationship between ideals and practices is much more intimate than this approach would suggest. Some institutions can be properly understood only when they are viewed as imperfect attempts to realise moral or political ideals; and some ideals can be conceived only by reference to their expressionin institutions.

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This book argues that the institutions of law, and the structures of legal thought, are to be understood by reference to a moral ideal. The idea of law is an ideal of freedom, or independence from the power of others. The moral value and justificatory force of law are not contingent uponcircumstance, but intrinsic to its character as l...

Nigel Simmonds is Reader in Jurisprudence at the University of Cambridge, where he is also Director of Studies in Law, and Dean of College at Corpus Christi College

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Format:PaperbackDimensions:220 pages, 9.21 × 6.14 × 0.51 inPublished:August 20, 2008Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199552193

ISBN - 13:9780199552191

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Table of Contents

1. Jurisprudence and the Nature of Law2. Dualism and the Archetype3. Evil Regimes and the Rule of Law4. Normativity, Legality, and Judgment5. Ideal and Experience6. Legality as a Value