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Law and Morality

Chapter
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Part of the Law and Philosophy Library book series (LAPS, volume 90)

Abstract

Chapter 8 concludes summing up what the neo-institutionalist approach defended would imply as for the relationship between law and morality. Here different approaches are reviewed and discussed. The outcome is a partial endorsement of a discourse theory approach. Institutionalism, old and new, to make sense of the ideal side of law, of its dual nature, cannot maintain morality outside the precinct of legal practice. In this sense, institutionalism – to be faithful to its own notion of institution – cannot keep faith to legal positivism. Institutionalism needs – this might be a conclusion – morality and a theory of morality to render justice to the concept of law we adopt from the internal point of view. But the morality theory searched for cannot be a Platonist one, distant from practice, and imposed upon it, or even one that could believe to derive practice from one or a few basic principles in a logicist mood.

Keywords

Legal System Moral Judgment Moral Norm Propositional Content Legal Order 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

Copyright information

© Springer Science+Business Media B.V. 2010

Authors and Affiliations

  1. 1.Università degli Studi “Magna Graecia” di CatanzaroCatanzaroItaly
  2. 2.The University of HullHullUK

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