Law as a Moral Idea [Hardcover]

This book argues that the institutions of law and the structures of legal thought are best understood by referencing the moral ideals of freedom and independence from the power of others.

In making this claim, the author rejects the viewpoint of much contemporary legal theory, and seeks to move jurisprudence closer to an older tradition of philosophical reflection upon law, exemplified by Hobbes and Kant. According to most contemporary legal theorists, the understanding and analysis of existing institutions is quite distinct from any enterprise of moral reflection, but Nigel Simmonds suggests that the relationship between ideals and practices is much more intimate than this approach would suggest. InLaw as a Moral Idealhe posits that some institutions can be properly understood only when they are viewed as imperfect attempts to realize moral or political ideals, and some ideals can be conceived only by reference to their expression in institutions.

This book will interest researchers and graduate students looking for a serviceable overview of traditional jurisprudential debates. What is law without justice? What is a practice or an institution cut loose from its ideas? These questions provide the animating sprit of this volume.

Recommended. Graduate students and faculty.
--CHOICE

Law as a Moral Idea contains an important and original theory of the nature of law by a profound and brilliant thinker. It deserves to be read and carefully pondered by anyone seeking to gain a greater understanding of law in the modern world.
--Sean Coyle, Journal of Moral Philosophy

The seriousness by which Simmonds addresses the central claims of...positivists, often in forensic detail, is one of the strongest features of this book. He never attacks a straw-man and he clearly criticises the claims of his opponents on their home turf...A superb work in legal philosophy.
--Patrick Capps, (2008) 28 Legal Studies 6l#X