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In Defense of Legal Positivism Law without Trimmings [Paperback]

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  • Category: Books (Law)
  • Author:  Kramer, Matthew H.
  • Author:  Kramer, Matthew H.
  • ISBN-10:  019926483X
  • ISBN-10:  019926483X
  • ISBN-13:  9780199264834
  • ISBN-13:  9780199264834
  • Publisher:  Oxford University Press
  • Publisher:  Oxford University Press
  • Pages:  328
  • Pages:  328
  • Binding:  Paperback
  • Binding:  Paperback
  • Pub Date:  01-Jul-2003
  • Pub Date:  01-Jul-2003
  • SKU:  019926483X-11-MPOD
  • SKU:  019926483X-11-MPOD
  • Item ID: 100803037
  • Seller: ShopSpell
  • Ships in: 2 business days
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  • Delivery by: Jul 13 to Jul 15
  • Notes: Brand New Book. Order Now.
This book is an uncompromising defense of legal positivism that insists on the separability of law and morality. After distinguishing among three facets of morality, Kramer explores a variety of ways in which law has been perceived as integrally connected to each of those facets. The book concludes with a detailed discussion of the obligation to obey the law--a discussion that highlights the strengths of legal positivism in the domain of political philosophy as much as in the domain of jurisprudence.

Preface
1. Introduction
PART I: POSITIVISM DEFENDED
2. Justice as Constancy
3. Scrupulousness Without Scruples: A Critique of Lon Fuller and His Defenders
4. Requirements, Reasons, and Raz: Legal Positivism and Legal Duties
5. The Law in Action: A Study in Good and Evil
6. Also Among the Prophets: Some Rejoinders to Ronald Dworkin's Attacks on Legal Positivism
PART II: POSITIVISM EXTENDED
7. Disclaimers and Reassertions
8. Elements of a Conceptual Framework
9. Law and Order: Some Implications
Index

In hisDefense of Legal Positivism, Matthew H. Kramer provides an exhaustive defense of legal positivism against those who attribute a necessary relationship between law and morality. --The Law and Politics Book Review



Matthew Kramer is Professor of Legal & Political Philosophy, University of Cambridge, Fellow and Director of Studies in Law, Churchill College (Cambridge), and Director of the Cambridge Forum for Legal & Political Philosophy.
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