Moral Aspects of Legal Theory: Essays on Law, Justice, and Political ResponsibilityCambridge University Press, 29. jan. 1993 - 217 strani David Lyons is one of the preeminent philosophers of law active in the United States. This volume comprises essays written over a period of twenty years in which Professor Lyons outlines his fundamental views about the nature of law and its relation to morality and justice. The underlying theme of the book is that a system of law has only a tenuous connection with morality and justice. Contrary to those legal theorists who maintain that no matter how bad the law of a community might be, strict conformity to existing law automatically dispenses "formal" justice, Professor Lyons contends that the law must earn the respect that it demands. Moreover, we cannot, as some would suggest, interpret law in a value-neutral manner. Rather courts should interpret statutes, judicial precedents, and constitutional provisions in terms of values that would justify those laws. In this way officials can promote the justifiability of what they do to people in the name of law, and can help the law live up to its moral pretensions. |
Vsebina
The internal morality of law | 1 |
On formal justice | 13 |
Legal formalism and instrumentalism a pathological study | 41 |
Moral aspects of legal theory | 64 |
Formal justice and judicial precedent | 102 |
Derivability defensibility and the justification of judicial decisions | 119 |
Constitutional interpretation and original meaning | 141 |
A preface to constitutional theory | 169 |
Basic rights and constitutional interpretation | 185 |
Critical analysis and constructive interpretation | 202 |
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Moral Aspects of Legal Theory: Essays on Law, Justice, and Political ... David Lyons Predogled ni na voljo - 1993 |
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adjudication African-Americans altruism analytic jurisprudence apply argue assume authoritative believe Bork claim clause committed conception of law concern consider constitutional interpretation counts as law courts decide determinate distinction Dred Scott due process clause Dworkin example existing law facts fairness federal fidelity to law follow the law formalistic grounds H. L. A. Hart Hart Hart's idea imply injustice instrumentalists judges judicial decisions judicial precedents judicial review justified law and morals legal positivism legal positivists legal requirement legal system legal theory limited logic meaning ment moral judgment moral skepticism Natural Law normative notion obey the law obligation to obey official deviation original intent originalist plausible political positivists possible practice of precedent principles question reason regard relevant required by law respect rules seems separation of law separation of powers separation thesis skepticism social standards statutes suggested suppose supra note Tarbard Thayer tion unclear understood unjust value choices