Problems at the Roots of Law [Book Review]

Review of Metaphysics 58 (4):889-891 (2005)
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Abstract

In this book Feinberg presents seven essays that explore various topics in law, morality, and political theory. The first two essays deal with questions about the relationship between morality and legal theory. The first essay, on natural law jurisprudence, offers a compact introduction to the debate between legal positivists and natural law thinkers. Focusing on the fugitive slave cases during the American Civil War, Feinberg argues that the unquestionable immorality of slavery suggests the illegitimacy of laws institutionalizing it, and thus at least in extreme cases the legitimacy of a law can turn on the morality of the institutions it serves.

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