Positive Law and Objective Values

Hardcover | May 1, 2001

byAndrei Marmor

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This book presents a comprehensive defence of legal positivism on the basis of a novel account of social conventions. Marmor argues that the law is founded on constitutive conventions, and that consequently moral values cannot determine what the law is. On the basis of a theory of socialconventions and an analysis of law's authoritative nature, the book sets out the scope of law in relation to moral and other critical values. The book also maintains, however, that moral values are objective. It comprises a detailed analysis of the concept of objectivity, arguing that many aspectsof the law, and of moral values, are metaphysically objective.

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This book presents a comprehensive defence of legal positivism on the basis of a novel account of social conventions. Marmor argues that the law is founded on constitutive conventions, and that consequently moral values cannot determine what the law is. On the basis of a theory of socialconventions and an analysis of law's authoritativ...

Andrei Marmor is Associate Professor at the Interdisciplinary Centre, Hertzlia, Israel and Long-Term Visiting Professor at the University of Chicago Law School

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Format:HardcoverDimensions:200 pages, 9.21 × 6.14 × 0.63 inPublished:May 1, 2001Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198268971

ISBN - 13:9780198268970

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Table of Contents

1. Constitutive Conventions2. Conventions and The Normativity of Law3. Exclusive Legal Positivism4. The Separation Thesis and The Limits of Interpretation5. Authority and Authorship6. Three Concepts of Objectivity7. Four Questions about The Objectivity of Law8. The Objectivity of ValuesBibliography