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The reason of the law

Abstract:

Moral premises are required in sound reasoning to the conclusion that a community does or does not (more or less) attain the rule of law. Those moral premises include, for example, the principle that judges should act with comity toward executive agencies. A failure in that moral requirement of comity is a failure to attain the rule of law. Because the ideal of the rule of law necessarily has a moral content, there is a necessary connection between law and morality- albeit a modest connection...

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Publication status:
Published
Peer review status:
Peer reviewed
Version:
Accepted manuscript

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Publisher copy:
10.1093/ajj/48.1.83

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Institution:
University of Oxford
Department:
Oxford, SSD, Law, Law Faculty
Publisher:
Oxford University Press Publisher's website
Journal:
The American Journal of Jurisprudence Journal website
Volume:
48
Issue:
1
Pages:
83–106
Publication date:
2003-06-01
Acceptance date:
2003-06-01
DOI:
EISSN:
2049-6494
ISSN:
0065-8995
URN:
uuid:aea253d1-0279-4ac7-afbf-d023b2ff8a5c
Source identifiers:
623441
Local pid:
pubs:623441
Keywords:

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