Positive Law and Objective Values

Using a theory of social conventions and an analysis of law's authoritative nature, this book sets out the scope of law in relation to moral and other critical values. Marmor argues that law is founded on constructive conventions, and that consequently moral values cannot determine what the law is. He also provides an analysis of the concept of objectivity, arguing that many aspects of the law, and of moral values, are metaphysically objective.

Andrei Marmor is Associate Professor at the Interdisciplinary Centre, Hertzlia, Israel and Long-Term Visiting Professor at the University of Chicago Law School.

Constitutive Conventions

1

(24)

Conventions and the Normativity of Law

25

(24)

Exclusive Legal Positivism

49

(22)

The Separation Thesis and the Limits of Interpretation

71

(18)

Authority and Authorship

89

(23)

Three Concepts of Objectivity

112

(23)

Four Questions about the Objectivity of Law

135

(25)

On the Objectivity of Values

160

(24)

Bibliography

184

(3)

Index

187

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Positive Law and Objective Values

Summary

Author Biography

Table of Contents

Supplemental Materials