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Problems at the Roots of Law
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Problems at the Roots of Law: Essays in Legal and Political Theory

Joel Feinberg

Abstract

This collection of essays is united by a common concern with basic questions pertaining to law and morality and the relation between the two. The first essay considers whether judges must appeal to natural law or natural justice when the law seems incomplete or indeterminate. In cases in which the law is immoral, natural law theorists and legal positivists align in their rejection of a moral obligation to obey the law. The second essay defends the view that moral rights exist independently of institutional structures. The complex issue of criminal entrapment is the focus of the third paper, an ... More

Keywords: entrapment, evil, law, legal positivism, mental illness, morality, natural law, political obligation, punishment, rights

Bibliographic Information

Print publication date: 2003 Print ISBN-13: 9780195155266
Published to Oxford Scholarship Online: November 2003 DOI:10.1093/0195155262.001.0001

Authors

Affiliations are at time of print publication.

Joel Feinberg, author
University of Arizona (Emeritus)

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