The Dynamics of Law and Morality: A Pluralist Account of by Wibren van der Burg

By Wibren van der Burg

This booklet investigates the dynamic intertwinement of legislation and morality, with a spotlight on new and constructing fields of legislations. Taking as its start line the debates and mutual misunderstandings among proponents of other philosophical traditions, it argues that this theoretical pluralism is healthier defined as soon as legislations is permitted as an basically ambiguous inspiration. carrying on with on, the e-book develops a powerful thought of legislations that raises our grab on worldwide felony pluralism and the dynamics of legislations. This concept of felony interactionism, encouraged via the paintings of Lon Fuller and Philip Selznick, additionally is helping us to appreciate obvious anomalies of contemporary legislation, reminiscent of overseas legislation, the legislation of the ecu conference on Human Rights and horizontal interactive laws. In an ecumenical procedure, criminal interactionism does justice to the precious center of fact in average legislation and criminal positivism.Shedding new gentle on accepted debates among authors reminiscent of Fuller, Hart and Dworkin, this booklet is of price to lecturers and scholars drawn to felony idea, jurisprudence, felony sociology and ethical philosophy.

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The Dynamics of Law and Morality: A Pluralist Account of Legal Interactionism

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13 Scott, Seeing Like a State, p. 80. 14 Scott, Seeing Like a State, p. 262. 15 Scott, Seeing Like a State, p. ’ Two Basic Models of Law and Morality 23 Law as a Product The model of law as a product is probably the most familiar among lawyers and the public alike. A question concerning the law of intellectual property will usually be answered with a reference to statutes and judgments by courts, or with the formulation of some rules and principles. In most law schools in the Civil Law tradition, this certainly is the predominant model: students have to learn law from studying the substance of statutes and precedent.

I will leave these issues aside here, however, as they are not relevant to the central argument of this book – even though they may be important in other contexts. The camps on the four issues overlap in part, though not completely. This is one of the reasons why it has been 4 5 6 7 8 Dworkin, Law’s Empire. See Lyons, Moral Aspects of Legal Theory. Radbruch, Rechtsphilosophie, p. 119; in: Wilk, Legal Philosophies, p. 73. Selznick, ‘Sociology and Natural Law’. Fuller, Morality of Law. Two Basic Models of Law and Morality 21 so difficult to understand the nature of the controversy and, for example, to classify an author like Radbruch (even in the period when he self-identified as a positivist) as he sometimes belongs to the positivist camp, and sometimes defends a position that nearly all other positivists eschew.

Two Basic Models of Law and Morality 23 Law as a Product The model of law as a product is probably the most familiar among lawyers and the public alike. A question concerning the law of intellectual property will usually be answered with a reference to statutes and judgments by courts, or with the formulation of some rules and principles. In most law schools in the Civil Law tradition, this certainly is the predominant model: students have to learn law from studying the substance of statutes and precedent.

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