Morality and the Nature of Law

A complete survey of Himma's acclaimed work in general jurisprudence and a restatement of his influential take on 'inclusive legal positivism', in dialogue with its chief rivals. This book offers an overview of the methodology of conceptual analysis in legal theory and its grounding in moral philosophy.

List of contents

• Introduction: What Do You Mean by "Law" Anyway?


• 1: Relationships Between Law and Morality


• 2: Rethinking the Traditional Interpretation of Anti-Positivist Theories: Classical Natural Law Theory and Dworkinian Interpretivism


• 3: Legal Positivism and the Possibility of Moral Criteria of Validity


• 4: Inclusive Positivism and the Arguments from Authority


• 5: Law's Claim of Legitimate Authority


• 6: Authority, Moral Criteria of Validity, and Conceptual Confusion


• 7: To Whom the Rules Apply: Norm Guidance and the Incorporation Thesis


• 8: The Conceptual Possibility of Moral Criteria of Legal Validity

About the author

Kenneth Einar Himma lectures at the School of Law and the Information School at the University of Washington. He has published more than 100 articles in philosophy of law, information ethics, philosophy of religion, applied ethics, bioethics, and philosophy of mind.

Summary

A complete survey of Himma's acclaimed work in general jurisprudence and a restatement of his influential take on 'inclusive legal positivism', in dialogue with its chief rivals. This book offers an overview of the methodology of conceptual analysis in legal theory and its grounding in moral philosophy.

Product details

• Authors: Kenneth Einar Himma, Kenneth Einar Himma, Kenneth Einar (Part-Time Lecturer Himma, Himma Kenneth Einar
• Publisher: Oxford University Press
• Languages: English
• Product format: Hardback
• Released: 31.03.2019
• EAN: 9780198723479
• ISBN: 978-0-19-872347-9
• No. of pages: 238
• Subjects: Humanities, art, music > Philosophy > General, dictionaries; Social sciences, law, business > Law > International law, foreign law; LAW / Ethics & Professional Responsibility, LAW / Jurisprudence, LAW / Natural Law, Ethics & moral philosophy, Ethics and moral philosophy, Jurisprudence & Philosophy Of Law, Methods, theory and philosophy of law