Full Description
This book challenges the view that legal positivism should be reduced to a conceptual analysis of legal validity.
Instead, Elena Namli reclaims legal positivism as a theory of the relationship between law, morality, and politics. Presenting novel interpretations of the classical works of Herbert L. A. Hart, Joseph Raz, and Jürgen Habermas, Namli frames legal positivism as a theory that makes possible a moral and political critique of valid law. Moreover, this book defends the dialectical relationship between law, politics, and morality by combining a positivist approach to legal validity with a constructivist ethical theory which strengthens the critical potential of legal positivism. Legally valid norms may not always be morally justified, but understanding the moral quality of legal regulations is essential for comprehending modern law.
Contents
Chapter 1: Introduction: Law, Morality, and Politics
Chapter 2: Beyond Natural Law
Chapter 3: H.L.A. Hart: Utilitarian Ethics and Democratic Law
Chapter 4: Joseph Raz: The Legitimate Authority of the Law and Political Morality
Chapter 5: Jürgen Habermas: Democracy and the Law
Chapter 6: Legal Positivism, Democracy, and Moral Critique of Law
Bibliography
Index
About the Author
