The Objectivity of the Law (2004)*

Publisher Website
Google Scholar
Abstract
This chapter addresses the following questions: Is the positivistic ideal of a ‘non-evaluative legal science’ possible? Is there a special kind of ‘legal ought’ or ‘legal authority’ that can be separated from the moral ought and from moral authority? An affirmative answer is provided for both questions. It is argued that there is room for objectivity in the law; thus, a non-evaluative legal science is entirely possible. There is also a specific legal ‘ought’ that differs from the moral ‘ought’.

This publication has 0 references indexed in Scilit: