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This book presents a comprehensive defence of legal positivism on the basis of a novel account of social conventions. Marmor argues that the law is founded on constitutive conventions, and that consequently moral values cannot determine what the law is. On the basis of a theory of social conventions and an analysis of law's authoritative nature, the book sets out the scope of law in relation to moral and other critical values. The book also maintains, however, that moral values are objective. It comprises a detailed 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
1. Constitutive Conventions ; 2. Conventions and The Normativity of Law ; 3. Exclusive Legal Positivism ; 4. The Separation Thesis and The Limits of Interpretation ; 5. Authority and Authorship ; 6. Three Concepts of Objectivity ; 7. Four Questions about The Objectivity of Law ; 8. The Objectivity of Values ; Bibliography
... thought-provoking and philosophically sophisticated ... deserves attention from anyone interested in the philosophy of law ... [Marmor's] analysis of constitutive conventions is stimulating ... In an age tarnished by the fatuities of postmodernist mountebanks, his rigorous approach to the philosophy of law is admirable indeed.
Andrei Marmor, Cornell University) Marmor, Andrei (Jacob Gould Schurman Professor of Philosophy and Law, Jacob Gould Schurman Professor of Philosophy and Law
Andrei Marmor, University of Southern California) Marmor, Andrei (Professor of Philosophy & Maurice Jones Jr Professor of Law, Professor of Philosophy & Maurice Jones Jr Professor of Law, MARMOR, Marmor
Andrei Marmor, Scott Soames, University of Southern California) Marmor, Andrei (Professor of Philosophy & Maurice Jones Jr Professor of Law, University of Southern California) Soames, Scott (Director, School of Philosophy
Andrei Marmor, Scott Soames, University of Southern California) Marmor, Andrei (Professor of Philosophy & Maurice Jones Jr Professor of Law, University of Southern California) Soames, Scott (Director, School of Philosophy
Andrei Marmor, Cornell University) Marmor, Andrei (Jacob Gould Schurman Professor of Philosophy and Law, Jacob Gould Schurman Professor of Philosophy and Law
Andrei Marmor, University of Southern California) Marmor, Andrei (Professor of Philosophy & Maurice Jones Jr Professor of Law, Professor of Philosophy & Maurice Jones Jr Professor of Law, MARMOR, Marmor