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Moral Aspects of Legal Theory David Lyons

Moral Aspects of Legal Theory By David Lyons

Moral Aspects of Legal Theory by David Lyons


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Summary

This volume comprises essays written over a period of twenty years in which Professor Lyons outlines his fundamental views about the nature of law and its relation to morality and justice. The underlying theme of the book is that a system of law has only a tenuous connection with morality and justice.

Moral Aspects of Legal Theory Summary

Moral Aspects of Legal Theory: Essays on Law, Justice, and Political Responsibility by David Lyons

David Lyons is one of the pre-eminent philosophers of law active in the United States. This volume comprises essays written over a period of twenty years in which Professor Lyons outlines his fundamental views about the nature of law and its relation to morality and justice. The underlying theme of the book is that a system of law has only a tenuous connection with morality and justice. Contrary to those legal theorists who maintain that no matter how bad the law of a community might be, strict conformity to existing law automatically dispenses 'formal' justice, Professor Lyons contends that the law must earn the respect that it demands. Moreover, we cannot, as some would suggest, interpret law in a value-neutral manner. Rather courts should interpret statutes, judicial precedents, and constitutional provisions in terms of values that would justify those laws. In this way officials can promote the justifiability of what they do to people in the name of law, and can help the law live up to its moral pretensions.

Moral Aspects of Legal Theory Reviews

'A rich and diverse collection of important essays by one of this country's outstanding legal and political philosophers.' Jules Coleman, Yale Law School

Table of Contents

Preface; Acknowledgements; 1. The internal morality of law; 2. On formal justice; 3. Legal formalism and instrumentalism - a pathological study; 4. Moral aspects of legal theory; 5. Formal justice and judicial precedent; 6. Derivability, defensibility and the justification of judicial decisions; 7. Constitutional interpretation and original meaning; 8. A preface to constitutional theory; 9. Basic rights and constitutional interpretation; 10. Critical analysis and constructive interpretation.

Additional information

NPB9780521432443
9780521432443
0521432448
Moral Aspects of Legal Theory: Essays on Law, Justice, and Political Responsibility by David Lyons
New
Hardback
Cambridge University Press
1993-01-29
236
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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