1999
Two Models of Law and Morality
Publication
Publication
Associations: journal for social and legal theory , Volume 3 - Issue 1 p. 61- 82
Introduction
The debate on the relation between law and morality has been going on
in jurisprudence for such a long time that one may wonder whether
anything new could be added to it. Yet, paradoxically, it is unclear what
precisely is the issue in the debate. According to H.L.A. Hart, positivists
hold (and their opponents dispute) that there is no necessary connection
between law and morality; law and morality can be separated. At first
glance, this seems a simple thesis; David Lyons has shown, however, that
this thesis is very ambiguous and that, in a minimal mterpretation ofthe
separation thesis, almost every author, including Aquinas, Fuller and
Dworkin, would support it. Therefore, it may be a good idea to seek a
new perspective on the debate between positivists and non-positivists.
Additional Metadata | |
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hdl.handle.net/1765/77303 | |
Associations: journal for social and legal theory | |
Organisation | Erasmus School of Law |
van der Burg, W. (1999). Two Models of Law and Morality. Associations: journal for social and legal theory, 3(1), 61–82. Retrieved from http://hdl.handle.net/1765/77303 |