Positive Law and Objective Values

This book presents a comprehensive defence of legal positivism on the basis of a novel account of social conventions. Marmor 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 l...

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This book presents a comprehensive defence of legal positivism on the basis of a novel account of social conventions. Marmor 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 detailed analysis of the concept of objectivity, arguing that many aspects of the law, and of moral values, are metaphysically objective.

Front Matter
Copyright Page
Preface
Acknowledgements
1 Constitutive Conventions
Rules of Recognition
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Front Matter
Copyright Page
Preface
Acknowledgements
1 Constitutive Conventions
Rules of Recognition
The Practice Theory of Social Rules
A First Look at Social Conventions
A Closer Look at Social Conventions
The Rules of Recognition Revisited
2 Conventions and the Normativity of Law
Conventions and Reasons For Action
Conventions and Legal Authority
On What Legal Conventionalism Is Not
3 Exclusive Legal Positivism
A First Look at the Sources Thesis
Inclusive Legal Positivism
The Argument from Authority
Entailed Law?
4 The Separation Thesis and the Limits of Interpretation
View chapter
The Semantic Argument
The Epistemic Argument
Legal Principles
5 Authority and Authorship
Legislative Intent
The Argument From Democracy
The Conceptual Argument
Practical Authority and the Problem of Mistake
Hart v. Austin
6 Three Concepts of Objectivity
Part I. Some Basic Distinctions
Semantic objectivity
Metaphysical objectivity
Discourse objectivity
Part II. Objectivity in Interpretation
Interpretation and semantic subjectivity
Interpretation and metaphysical subjectivity
Interpretation and discourse subjectivity
7 Four Questions about the Objectivity of Law
Objective! Identification of Law
Law’s Objective Merit
Objectivity, Neutrality, and Equality
Methodological Objectivity
8 On the Objectivity of Values
Four Reasons for Doubt
Dispositional Theories of Values
End Matter
Bibliography
Index
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