On Law and Morality. A Dialogue

Ratio Juris 3 (3):321-330 (1990)
  Copy   BIBTEX

Abstract

The dialogue focusses on the distinctions and connections between law and morality. Morality is seen as axiological in character, whereas law is deontological. The possibility of a conceptual tie between goodness (axiology) and duty (deontology) is firmly disputed. Habermas's discursive foundation of ethics is criticized because it seems to confer on moral principles the status of a priori synthetic truths. Every moral idea has a cultural relativity which is not taken into account by Habermasian dialogue ethics. The moral and the legal points of view are kept separate: A law which does not satisfy the requirements of a “minimum content” of natural law is not said to be “law,” but simply falling short of moral criteria. The possibility of introducing rational guarantees into moral discourse is not denied, but doubt remains as to whether there are “right answers” to moral questions.

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 93,031

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Where law and morality meet.Matthew H. Kramer - 2004 - New York: Oxford University Press.
Should Law track Morality?Re’em Segev - 2017 - Criminal Justice Ethics 36 (2):205-223.
Law and the Moral Order. [REVIEW]K. B. - 1982 - Review of Metaphysics 36 (1):175-176.
Paternalism and the Criminal Law.Richard Tur - 1985 - Journal of Applied Philosophy 2 (2):173-189.
Incorporation by law.Joseph Raz - 2004 - Legal Theory 10 (1):1-17.
Choosing a Legal Theory on Moral Grounds.Philip Soper - 1986 - Social Philosophy and Policy 4 (1):31.

Analytics

Added to PP
2010-09-11

Downloads
122 (#151,855)

6 months
5 (#711,233)

Historical graph of downloads
How can I increase my downloads?

Citations of this work

Social Morality as Expressed in Law.Valentin Petev - 1992 - Ratio Juris 5 (1):104-108.

Add more citations

References found in this work

No references found.

Add more references