Moral aspects of legal theory : essays on law, justice, and political responsibility
著者
書誌事項
Moral aspects of legal theory : essays on law, justice, and political responsibility
Cambridge University Press, 1993
- : hc
- : pbk
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注記
Includes bibliographical references
内容説明・目次
内容説明
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.
目次
- 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.
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