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- Title
Effects of Defects—Action or Argument? Thoughts about Deryck Beyleveld and Roger Brownsword’s Law as a Moral Judgment.
- Authors
Alexy, Robert
- Abstract
Two claims lay the foundation for Beyleveld and Brownsword’s legal theory. The first says that immoral laws cannot be law, the second that rights to freedom and welfare can be proven to be logically necessary given merely the phenomenon of agency. The author argues that both claims are too strong. The first is an overidealization of law, which fails to do justice to its double nature as a real as well as an ideal phenomenon. The second must fail, for a moral “ought” cannot be deduced from a merely instrumental “ought.”
- Subjects
JURISPRUDENCE; BEYLEVELD, Deryck; BROWNSWORD, Roger; MORAL judgment; LAW; JUSTICE (Virtue); MANDATE (Contract)
- Publication
Ratio Juris, 2006, Vol 19, Issue 2, p169
- ISSN
0952-1917
- Publication type
Article
- DOI
10.1111/j.1467-9337.2006.00322.x