Title
The Argument from Injustice: A Reply to Legal Positivism,New
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At the heart of this book is the ageold question of how law and morality are related. The legal positivist, insisting on the separation of the two, explicates the concept of law independently of morality. The author challenges this view, arguing that there are, first, conceptually necessary connections between law and morality and, second, normative reasons for including moral elements in the concept of law. While the conceptual argument alone is too limited to establish a sufficiently strong connection between law and morality, and the normative argument alone fails to address the nature of law, the two arguments together support a nonpositivistic concept of law, toppling legal positivism qua comprehensive theory of law.The author makes his case within a conceptual framework of five distinctions that can be variously combined to represent a multiplicity of presuppositions or perspectives underlying the enquiry into the relationship of law and morality. In this context, it can indeed be shown that there are perspectives that bespeak solely a positivistic concept of law. The decisive point, however, is that there is a perspective, necessary to the law, that necessarily presupposes a nonpositivistic concept of law. This is the perspective of a participant in the legal system, asking for the correct answer to a legal question in this legal system. The participantthesis is demonstrated by appeal to Gustav Radbruch's formula (extreme injustice is not law) and to the judge's balancing of principles in deciding a concrete case. The author arrives at a concept of law that systematically links classical elements of legal positivism authoritative issuance and social efficacy with the desideratum of nonpositivistic legal theory, correctness of content.
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We provide a 2-year limited warranty, from the date of purchase for all our products.
If you believe you have received a defective product, or are experiencing any problems with your product, please contact us.
This warranty strictly does not cover damages that arose from negligence, misuse, wear and tear, or not in accordance with product instructions (dropping the product, etc.).
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Frequently Asked Questions
- Q: What is the main argument of 'The Argument from Injustice'? A: The book argues against legal positivism by asserting that law and morality are conceptually and normatively connected, challenging the idea that they can be entirely separated.
- Q: Who is the author of this book? A: The author is Robert Alexy, a prominent legal theorist known for his work in jurisprudence and legal philosophy.
- Q: What is the publication date of this book? A: The book was published on February 22, 2010.
- Q: How many pages does 'The Argument from Injustice' have? A: The book contains 160 pages.
- Q: What type of binding is used for this book? A: This book is available in paperback binding.
- Q: Is this book suitable for beginners in legal philosophy? A: While it presents complex arguments, it can be insightful for beginners interested in the relationship between law and morality but may require some background knowledge in legal theory.
- Q: What are the key themes discussed in this book? A: Key themes include the relationship between law and morality, the critique of legal positivism, and the necessity of a nonpositivistic concept of law.
- Q: Does the book include practical examples or case studies? A: Yes, the author references practical scenarios such as Gustav Radbruch's formula and the decision-making process of judges to illustrate theoretical points.
- Q: What is the edition of this book? A: This is the first edition of 'The Argument from Injustice'.
- Q: Can this book be beneficial for those studying law? A: Yes, it offers valuable insights and arguments that are relevant for law students and professionals interested in legal theory and philosophy.