Positive Law and Objective Values

by Marmor, Andrei

• ISBN13: 9780198268970
• ISBN10: 0198268971
• Format: Hardcover
• Copyright: 2001-07-19
• Publisher: Oxford University Press

Summary

Using a theory of social conventions and an analysis of law's authoritative nature, this book sets out the scope of law in relation to moral and other critical values. Marmor argues that law is founded on constructive conventions, and that consequently moral values cannot determine what the law is. He also provides an analysis of the concept of objectivity, arguing that many aspects of the law, and of moral values, are metaphysically objective.

Author Biography

Andrei Marmor is Associate Professor at the Interdisciplinary Centre, Hertzlia, Israel and Long-Term Visiting Professor at the University of Chicago Law School.

Table of Contents

Constitutive Conventions	1	(24)
Conventions and the Normativity of Law	25	(24)
Exclusive Legal Positivism	49	(22)
The Separation Thesis and the Limits of Interpretation	71	(18)
Authority and Authorship	89	(23)
Three Concepts of Objectivity	112	(23)
Four Questions about the Objectivity of Law	135	(25)
On the Objectivity of Values	160	(24)
Bibliography	184	(3)
Index	187