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 DEFENDED2. 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 EXTENDED7. Disclaimers and Reassertions
8. Elements of a Conceptual Framework
9. Law and Order: Some Implications
Index
In his
Defense 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 ReviewMatthew 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.