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Philosophy of Law$
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Andrei Marmor

Print publication date: 2011

Print ISBN-13: 9780691141671

Published to Princeton Scholarship Online: October 2017

DOI: 10.23943/princeton/9780691141671.001.0001

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Is Law Determined by Morality?

Is Law Determined by Morality?

Chapter:
(p.84) Chapter Four Is Law Determined by Morality?
Source:
Philosophy of Law
Author(s):

Andrei Marmor

Publisher:
Princeton University Press
DOI:10.23943/princeton/9780691141671.003.0005

This chapter considers the contemporary versions of the substantive nondetachment view about the nature of law. This view takes two main forms. According to Dworkin's influential theory, law's content can never be detached from normative considerations. What the law is—always, and necessarily—depends on certain evaluative considerations about what it ought to be. A more moderate version of this nondetachment view holds that whether the content of law can or cannot be detached from normative considerations is a contingent matter, depending on the norms that happen to prevail in a given legal system, and thus the nondetachment view is at least sometimes true. The main argument of this chapter is that both of these views are mistaken.

Keywords:   nondetachment view, nature of law, legal philosophy, Dworkin, normative consideration

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