In Defense of Legal Positivism Law without

This book is an uncompromising defense of legal positivism that insists on the separability of law and morality. After distinguishing among three facets of morality, Kramer explores a variety of ways in which law has been perceived as integrally connected to each of those facets. The book concludes with a detailed discussion of the obligation to obey the law--a discussion that highlights the strengths of legal positivism in the domain of political philosophy as much as in the domain of jurisprudence.

Matthew Kramer is University Lecturer in Jurisprudence, Cambridge University and Fellow and Director of Studies in Law, Churchill College, Cambridge

1. Introduction

1

(20)

Part I: Positivism Defended

21

(174)

2. Justice as Constancy

21

(16)

3. Scrupulousness without Scruples: A Critique of Lon Fuller and his Defenders

37

(41)

4. Requirements, Reasons, and Raz: Legal Positivism and Legal Duties

78

(35)

5. The Law in Action: A Study in Good and Evil

113

(15)

6. Also among the Prophets: Some Rejoinders to Ronald Dworkin's Attacks on Legal Positivism

128

(67)

Part II: Positivism Extended

195

(114)

7. Disclaimers and Reassertions

195

(21)

8. Elements of a Conceptual Framework

216

(38)

9. Law and Order: Some Implications

254

(55)

Index

309

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In Defense of Legal Positivism Law without Trimmings

Summary

Author Biography

Table of Contents

Supplemental Materials