Franklin

The Morality of Law / Israel Gershoni, Yaakov Elman.

Publication:
New Haven, CT : Yale University Press, [2000]
Format/Description:
Book
1 online resource
Contained In:
De Gruyter University Press Library.
Status/Location:
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Details

Subjects:
Law and ethics.
Language:
In English.
System Details:
Mode of access: Internet via World Wide Web.
text file PDF
Summary:
In a lengthy new concluding chapter labeled "A Reply to Critics," Lon L. Fuller extends and clarifies his definition of the relation between law and morality put forward in the first (1964) edition of The Morality of Law. His original argument distinguishes between the morality of duty and the morality of aspiration, both of which bear on the design and operation of social institutions: the former by setting the necessary preconditions of any purposive social endeavor, the latter by suggesting the directions for such endeavor. In the revised edition, Fuller takes accurate aim at the school of legal philosophy called the New Analytical Jurists and continues his long-running debate with his major intellectual antagonist, H.L.A. Hart. Although the author calls the new chapter "A Reply to Critics," his expressed reason for undertaking it indicates that it is more than that: "As critical reviews of my book came in, I myself became increasingly aware of the extent to which the debate did indeed depend on 'starting points' - not on what the disputants said, but on what they considered it unnecessary to say, not on articulated principles but on tacit assumptions. What was needed, therefore, it seemed to me, was to bring these tacit assumptions to more adequate expression than either side has so far been able to do." There is no question that Mr. Fuller here gives the assumptions of his side adequate expression. "The volume must be regarded as an important contribution of general interest to the study of the nature and function of law...Trenchant comment abounds throughout the book, and there is an immense amount of the most valuable material here, as well as considerable food for the thought...his book deserves to reach a very wide audience." - Law Times."The book is a provocative one which is certain to excite much academic comment here and abroad." - Harvard Law Record."Although fully intelligible to the undergraduate, this book is likely to receive its warmest reception form advanced students of the philosophy of law, who will welcome the relief provided from the frequently sterile tone of much recent work in the field." - Choice
Contents:
Frontmatter
PREFACE TO THE SECOND EDITION
PREFACE TO THE FIRST EDITION
CONTENTS
I. THE TWO MORALITIES
II. THE MORALITY THAT MAKES LAW POSSIBLE
III. THE CONCEPT OF LAW
IV. THE SUBSTANTIVE AIMS OF LAW
V. A REPLY TO CRITICS
APPENDIX: THE PROBLEM OF THE GRUDGE INFORMER
Index
Notes:
Description based on online resource; title from PDF title page (publisher's Web site, viewed 24. Apr 2020)
Contributor:
Elman, Yaakov, editor., Editor,
Gershoni, I., editor., Editor,
De Gruyter.
ISBN:
9780300191653
OCLC:
1024037445
Publisher Number:
10.12987/9780300191653 doi
Access Restriction:
Restricted for use by site license.