Journal article
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 that is compatible with deep moral defects in the law
- Publication status:
- Published
- Peer review status:
- Peer reviewed
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Access Document
- Files:
-
-
(Preview, Accepted manuscript, pdf, 265.6KB, Terms of use)
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- Publisher copy:
- 10.1093/ajj/48.1.83
Authors
- Publisher:
- Oxford University Press
- Journal:
- American Journal of Jurisprudence More from this journal
- Volume:
- 48
- Issue:
- 1
- Pages:
- 83–106
- Publication date:
- 2003-06-01
- Acceptance date:
- 2003-06-01
- DOI:
- EISSN:
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2049-6494
- ISSN:
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0065-8995
- Keywords:
- Pubs id:
-
pubs:623441
- UUID:
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uuid:aea253d1-0279-4ac7-afbf-d023b2ff8a5c
- Local pid:
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pubs:623441
- Source identifiers:
-
623441
- Deposit date:
-
2016-05-21
Terms of use
- Copyright holder:
- The University of Notre Dame
- Copyright date:
- 2003
- Notes:
-
This is the
accepted manuscript of a journal article published by Oxford University Press in The American Journal of Jurisprudence on 2003-06-01, available online: http://dx.doi.org/10.1093/ajj/48.1.83
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