What Makes Law: An Introduction to the Philosophy of Law (Cambridge Introductions to Philosophy and Law)

This Book Offers An Advanced Introduction To Central Questions In Legal Philosophy. What Factors Determine The Content Of The Law In Force? What Makes A Normative System A Legal System? How Does Law Beyond The State Differ From Domestic Law? What Kind Of Moral Force Does Law Have? These Are All Questions About The Nature Of Law. The Most Important Existing Views Are Introduced, But The Aim Is Not To Survey The Existing Literature. Rather, This Book Introduces The Subject By Stepping Back From The Fray To Sketch The Big Picture, To Show Just What Is At Stake In These Old Debates. Legal Philosophy Has Become Somewhat Arid And Inward Looking. In Part This Is Because The Disagreement Between The Main Camps On The Important Questions Is Apparently Intractable. The Main Aim Of The Book Is To Suggest Both A Diagnosis And A Proper Practical Response To This Situation Of Intractable Disagreement About Questions That Do Matter-- Introduction -- Morality And The Grounds Of Law -- Legal Positivism -- Nonpositivism -- Disagreement In Practical Philosophy -- Law -- The Normative Force Of Law -- What Makes Law Law? : Law Beyond The State -- Conclusion : What Matters?. Liam Murphy. Includes Bibliographical References (pages 189-203) And Index. Frontmatter Series Page Copyright Page Table of Contents Acknowledgments 1 Introduction 2 Morality and the Grounds of Law Adjudication and the Grounds of Law Law and Morality: A Brief History Two Pictures 3 Legal Positivism A Normative System Grounded in Facts Positivist Puzzles Inclusive and Exclusive 4 Nonpositivism Good Things about Law Morality in the Grounds of Law: The Moral Reading and the Moral Filter Legality, Legitimacy, and Justice Justifi cation and Obligation Adjudication and Right Answers The Moral Reading: Nonpositivist Puzzles Mistakes and Scorer’s Discretion Progress? 5 Disagreement in Practical Philosophy Disambiguation Persistent Superfi cial Disagreement: Democracy, Justice, and the Rule of Law Persistent Substantive Disagreement: Wrongness Legal Texts Law 6 Law The Instrumental Approach Why the Grounds of Law Matter Analysis of the Concept of Law Arguments for and against Positivism Eliminativism A Problem? Agreement about How to Figure Out Law’s Content Despite Disagreement about the Grounds of Law One More Time: Does Disagreement about the Grounds of Law Matter? 7 The Normative Force of Law Law and Motivating Reasons Moral and Legal Obligation Authority, Legitimacy, and Political Obligation: Some Defi nitions The Duty to Obey and the Theory of Law The Law-Abiding Character The Duty of States to Obey the Law The Focal Case 8 What Makes Law Law? Law beyond the State A System? Law? and More Law?: The Question of Enforcement International Responsibility The Duty to Obey Global Law “Positivism” and “Natural Law” in International Legal Theory 9 Conclusion: What Matters? References Index "This book offers an advanced introduction to central questions in legal philosophy. What factors determine the content of the law in force? What makes a normative system a legal system? How does law beyond the state differ from domestic law? What kind of moral force does law have? These are all questions about the nature of law. The most important existing views are introduced, but the aim is not to survey the existing literature. Rather, this book introduces the subject by stepping back from the fray to sketch the big picture, to show just what is at stake in these old debates. Legal philosophy has become somewhat arid and inward looking. In part this is because the disagreement between the main camps on the important questions is apparently intractable. The main aim of the book is to suggest both a diagnosis and a proper practical response to this situation of intractable disagreement about questions that do matter"-- Provided by publisher