Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-g7gxr Total loading time: 0 Render date: 2024-11-16T15:18:58.008Z Has data issue: false hasContentIssue false

1 - Legal Interpretation, Objectivity, and Morality

Published online by Cambridge University Press:  06 October 2009

Brian Leiter
Affiliation:
University of Texas, Austin
Get access

Summary

Much of traditional analytical jurisprudence concerns the nature of law and the relation between law and morality. One traditional debate about the nature of law concerns its objectivity or determinacy. A conception of law can be understood to be objective insofar as it represents the law in actual or hypothetical controversies as determining a uniquely correct outcome; it can be understood as skeptical insofar as it represents the law as indeterminate. Extreme skepticism would claim that the law is rarely, if ever, determinate, whereas complete objectivity would claim that the law is never indeterminate. By contrast, a more moderate skepticism maintains that the law is indeterminate when it is especially controversial what the law requires. Here, as elsewhere, extreme views may be difficult to accept. Few endorse complete objectivity; some strands in Legal Realism and in Critical Legal Studies appear to endorse extreme skepticism about the law; but moderate skepticism is probably the view more congenial to common sense.

Another traditional jurisprudential debate concerns the relation between law and morality. This debate is often cast between Legal Positivism and Natural Law. Whereas Natural Law theory asserts that there is some essential connection between law and morality, Legal Positivism denies this. In particular, Natural Law theory typically asserts that valid laws must have some significant moral content, without which they are not genuine legal norms.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2000

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×