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The Two Lives of Law’s Moral Aim

Kyritsis, Dimitrios (2020) The Two Lives of Law’s Moral Aim. Working Paper. SSRN. (Unpublished)

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Abstract

This chapter compares how moralized and positivist accounts of the joint activity of law construe the idea that law necessarily has a moral aim. This comparison sheds light on how the idea of a joint activity itself plays a very different role in moralized and positivist accounts. In the latter, this role is explanatory: It is meant to capture the way in which certain social institutions interact. In the former it is justificatory: It is meant to identify one of the factors (or cluster of factors) that bear on the legitimacy of certain salient uses of state power. The reason for explicating the idea of a joint activity is likewise different. In one case we want to understand the mechanism whereby a more or less stable social practice emerges from the intentions and actions of a multiplicity of actors. In the other we want to elucidate a dimension of moral worth in legal officials’ being under a duty to be responsive to and rely on what other officials say and do.

Item Type: Monograph (Working Paper)
Uncontrolled Keywords: Legal Conventionalism; Planning Theory; Interpretivism; Legal Positivism
Divisions: Faculty of Humanities
Faculty of Humanities > Law, School of
SWORD Depositor: Elements
Depositing User: Elements
Date Deposited: 23 Nov 2021 11:35
Last Modified: 06 Jan 2022 14:33
URI: http://repository.essex.ac.uk/id/eprint/31597

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