By Matthew H. Kramer
This e-book is an uncompromising safeguard of felony positivism that insists at the separability of legislation and morality. After distinguishing between 3 points of morality, Kramer explores various ways that legislations has been perceived as integrally hooked up to every of these features. The publication concludes with an in depth dialogue of the duty to obey the law--a dialogue that highlights the strengths of felony positivism within the area of political philosophy up to within the area of jurisprudence.
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Extra info for In Defense of Legal Positivism: Law without Trimmings
The Parliament convened by King Edward I in 1295 became the model for future Parliaments. By the fourteenth century, Parliament was a well institutionalized feature of the English political system. For example, in 1540 Parliament enacted the Statute of Wills, which allowed people to will real estate to their heirs. Prior to that enactment, the common law recognized only the right to will personal property. Numerous other enactments followed, and they modified, extended, or superseded the common law in many ways.
Statute A law enacted by a legislature that is generally applicable within the jurisdiction of that legislature. Ordinances deal principally with matters of local concern. ■ executive order An order issued by a president, governor, county executive, or mayor relating to matters over which the executive official has authority. ■ treaty A legally binding agreement between countries. ■ regulation A rule promulgated by a regulatory agency. ■ judicial decision A decision by a court of law enunciating a principle of law.
Law and Societal Values Law is an expression of a society’s values. A few prominent examples of such conflict are ■ private enterprise versus the public good ■ freedom versus equality ■ privacy versus crime control ■ private property versus environmental protection ■ national security versus freedom of the press ■ public order versus the right of public assembly ■ freedom of expression versus decency and civility ■ majority rule versus minority rights. Although law expresses many competing values, it also provides mechanisms to resolve conflicts between competing values.