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Positive Law and Objective Values
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Positive Law and Objective Values

Andrei Marmor

Abstract

This new theory on the nature of law breathes new life into legal positivism. This book presents a comprehensive defence of legal positivism on the basis of a novel account of social conventions. The book argues that the law is founded on constitutive conventions, and that consequently moral values cannot determine what the law is. On the basis of a theory of social conventions and an analysis of law's authoritative nature, the book sets out the scope of law in relation to moral and other critical values. The book also maintains, however, that moral values are objective. It comprises a detaile ... More

Keywords: legal positivism, social conventions, constitutive conventions, moral values, objectivity

Bibliographic Information

Print publication date: 2001 Print ISBN-13: 9780198268970
Published to Oxford Scholarship Online: January 2010 DOI:10.1093/acprof:oso/9780198268970.001.0001

Authors

Affiliations are at time of print publication.

Andrei Marmor, author
University of Chicago Law School
Author Webpage