By Sally Ding on June 21, 2011
| ID: |
TARP-184 |
| Title: |
TAKING LAWS SERIOUSLY |
| Source: |
68 Cornell L. Rev. 660 |
| Parties: |
|
| Dispute Resolution Organ: |
|
| Year: |
1983 |
| Pages: |
0 |
| Author(s): |
Aleksander Peczenik |
| Keywords: |
law, legal norms, legal procedures, rule of law, legal positivism, Natural Law Tradition |
| Abstract: |
Natural law tradition and legal positivism offer different answers to the question “what is valid law?”. According to the natural law tradition, immoral laws are not binding because the law derives validity either from natural law or from morality. Legal positives claim that law might be immoral and yet legally valid. The article discussed the relationship between legal and moral justifications. Thereby the author contrasts his theory with that of Ronald Dworkin who criticizes legal positivism by pointing out that in addition to legal rules there are legal principles which bind judges although they are not enacted in any sources of the law. |
| Secured: |
False |
| Download Article: |
Available here |
Posted in 1983, Peczenik, Aleksander | Tagged law, legal norms, legal positivism, legal procedures, Natural Law Tradition, rule of law