This book argues that the institutions of law, and the structures of legal thought, are to be understood by reference to a moral ideal. The idea of law is an 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 as law. 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 ...

Law as a Moral Idea 2008, Oxford University Press, USA, Oxford, England

ISBN-13: 9780199552191

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Law as a Moral Idea 2007, Oxford University Press, USA, Oxford, England

ISBN-13: 9780199276462

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