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Moral Aspects of Legal Theory

Moral Aspects of Legal Theory
Essays on Law, Justice, and Political Responsibility

$58.00

  • Date Published: January 1993
  • availability: Available
  • format: Paperback
  • isbn: 9780521438353

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About the Authors
  • David Lyons is one of the pre-eminent 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.

    Reviews & endorsements

    'A rich and diverse collection of important essays by one of this country's outstanding legal and political philosophers.' Jules Coleman, Yale Law School

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    Product details

    • Date Published: January 1993
    • format: Paperback
    • isbn: 9780521438353
    • length: 236 pages
    • dimensions: 237 x 159 x 24 mm
    • weight: 0.482kg
    • availability: Available
  • Table of Contents

    Preface
    Acknowledgements
    1. The internal morality of law
    2. On formal justice
    3. Legal formalism and instrumentalism - a pathological study
    4. Moral aspects of legal theory
    5. Formal justice and judicial precedent
    6. Derivability, defensibility and the justification of judicial decisions
    7. Constitutional interpretation and original meaning
    8. A preface to constitutional theory
    9. Basic rights and constitutional interpretation
    10. Critical analysis and constructive interpretation.

  • Author

    David Lyons

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