This book challenges the view that legal positivism should be reduced to a conceptual analysis of legal validity.
Instead, Elena Namli reclaims legal positivism as a theory of the relationship between law, morality, and politics. Presenting novel interpretations of the classical works of Herbert L. A. Hart, Joseph Raz, and Jürgen Habermas, Namli frames legal positivism as a theory that makes possible a moral and political critique of valid law. Moreover, this book defends the dialectical relationship between law, politics, and morality by combining a positivist approach to legal validity with a constructivist ethical theory which strengthens the critical potential of legal positivism. Legally valid norms may not always be morally justified, but understanding the moral quality of legal regulations is essential for comprehending modern law.
- 175 pages
- English
- PDF
- Available on iOS & Android
eBook - PDF
Legal Positivism, Politics, and Critical Ethics
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Table of contents
- Cover
- Half Title
- Title Page
- Copyright Page
- Dedication
- Contents
- Acknowledgments
- Chapter 1: Introduction: Law, Morality, and Politics
- Chapter 2: Beyond Natural Law
- Chapter 3: H. L. A. Hart: Utilitarian Ethics and Democratic Law
- Chapter 4: Joseph Raz: The Legitimate Authority of the Law and Political Morality
- Chapter 5: Jürgen Habermas: Democracy and the Law
- Chapter 6: Legal Positivism, Democracy, and Moral Critique of Law
- Bibliography
- Index
- About the Author
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Yes, you can access Legal Positivism, Politics, and Critical Ethics by Elena Namli in PDF and/or ePUB format, as well as other popular books in Law & Ethics & Professional Responsibility in Law. We have over 1.5 million books available in our catalogue for you to explore.