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Moral Aspects of Legal Theory: Essays on Law, Justice, and Political Responsibility.

Moral Aspects of Legal Theory: Essays on Law, Justice, and Political Responsibility.

・ISBN 978-0-521-43244-3 hard GB£ 104.00

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電子版あり 大学・学術機関向け電子ブック(eBook)ISBN 9780511624667
著者・編者Lyons, David,
出版社 (Cambridge University Press, UK)
出版年月1993
ページ数236 pp.
言語ENG
ニュース番号<A03-32491>

解説

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.