| Law as a Moral Idea Contributor(s): Simmonds, Nigel (Author) |
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ISBN: 0199276463 ISBN-13: 9780199276462 Publisher: Oxford University Press, USA OUR PRICE: $95.00 Product Type: Hardcover - Other Formats Published: May 2007 Annotation: This book argues that the institutions of law, and the structures of legal thought, are to be understood by reference to a moral ideal of freedom or independence from the power of others. The moral value and justificatory force of law are not contingent upon circumstance, but intrinsic to its character. Doctrinal legal arguments are shaped by rival conceptions of the conditions for realization 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 philosophies as 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 the relationship 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 realize moral or political ideals; and some ideals can be conceived only by reference to their expression in institutions. |
| Additional Information |
| BISAC Categories: - Law | Depositions - Law | Ethics & Professional Responsibility |
| Dewey: 340.112 |
| Physical Information: 0.79" H x 6.46" W x 9.47" (1.07 lbs) 224 pages |
| Descriptions, Reviews, Etc. |
| Publisher Description: This book argues that the institutions of law and the structures of legal thought are best understood by referencing the moral ideals of freedom and independence from the power of others. In making this claim, 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. According to most contemporary legal theorists, the understanding and analysis of existing institutions is quite distinct from any enterprise of moral reflection, but Nigel Simmonds suggests that the relationship between ideals and practices is much more intimate than this approach would suggest. In Law as a Moral Ideal he posits that some institutions can be properly understood only when they are viewed as imperfect attempts to realize moral or political ideals, and some ideals can be conceived only by reference to their expression in institutions. |