Positive Law and Objective Values
Author | : Andrei Marmor |
Publisher | : Oxford University Press |
Total Pages | : 212 |
Release | : 2001 |
ISBN-10 | : 0198268971 |
ISBN-13 | : 9780198268970 |
Rating | : 4/5 (970 Downloads) |
Download or read book Positive Law and Objective Values written by Andrei Marmor and published by Oxford University Press. This book was released on 2001 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 social conventions 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 aspects of the law, and of moral values, are metaphysically objective.