Where Law and Morality Meet
By (author) Matthew H. Kramer
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Where Law and Morality Meet by Matthew H. Kramer
Book DescriptionHow are law and morality connected, how do they interact, and in what ways are they distinct? In Part I of this book, Matthew Kramer argues that moral principles can enter into the law of any jurisdiction. He contends that legal officials can invoke moral principles as laws for resolving disputes, and that they can also invoke them as threshold tests which ordinary laws must satisfy. In opposition to many other theorists, Kramer argues that these functions of moral principles are consistent with all the essential characteristics of any legal system. Part II reaffirms the legal positivist argument that law and morality are separable, arguing against the position of natural-law theory, which portrays legal requirements as a species of moral requirements. Kramer contends that even though the existence of a legal system in any sizeable society is essential for the realization of fundamental moral values, law is not inherently moral either in its effects or in its motivational underpinnings. In the final part, Kramer contests the widespread view that people whose conduct is meticulously careful cannot be held morally responsible for harmful effects of their actions. Through this argument, he reveals that fault-independent liability is present even more prominently in morality than in the law. Through a variety of arguments, Where Law and Morality Meet highlights both some surprising affinities and some striking divergences between morality and law.
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Book DetailsISBN: 9780199274192
(242mm x 164mm x 22mm)
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 21-Oct-2004
Country of Publication: United Kingdom
Books By Author Matthew H. Kramer
Torture and Moral Integrity, Hardback (May 2014)
The morality of interrogational torture has been the subject of heated debate in recent years. In explaining why torture is morally wrong, Kramer engages in deep philosophical reflections on the nature of morality and on moral conflicts.
Ethics of Capital Punishment, Hardback (December 2011)
Taking a fresh look at a central controversy in criminal law theory, The Ethics of Capital Punishment presents a rationale for the death penalty grounded in a theory of the nature of evil and the nature of defilement. Original, unsettling, and deeply controversial, it will be an essential reference point for future debates on the subject.
Crime, Punishment, and Responsibility, Hardback (July 2011)View all books by Matthew H. Kramer
For many years, Antony Duff has been one of the world's foremost philosophers of criminal law. This volume collects essays by leading criminal law theorists to explore the principal themes in his work. In a response to the essays, Duff clarifies and develops his position on central problems in criminal law theory.
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Author Biography - Matthew H. Kramer
Matthew H. Kramer is Professor of Legal and Political Philosophy at the University of Cambridge, Fellow of Churchill College, and Director of the Cambridge Forum for Legal and Political Philosophy.
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