CRIM 338 Chapter Notes - Chapter 2: Moral Realism, Legal Positivism, Natural Justice
26 Jan 2019
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Document Summary
Moral questions routinely tug at sleeve of our legal & political practices. Persistence is perhaps one of hallmarks of democratic society. Proposes that certain moral virtues exist independently of our minds/of conventions. Deny existence of any deontological, mind-independent moral values. Place & function of morals in law has always been focal concern of legal & political philosophers & it is no exaggeration to say it has become fundamental question animating debates of today"s jurisprudence. Full extent of disagreements b/w legal positivists who seek to maintain sort of conceptual apartheid b/w law & morals, & those, including natural lawyers, who reject idea of law/morals separation. Along w/ natural law, views of theorists regarding law as essentially moral concept have shrunk to minority. According to best natural law, according to one lawyer, is that it provides name for point of intersection b/w law & morals. There is unquestionable tension b/w what is & what ought to be.
