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Legal Positivism, Politics, and Critical Ethics

Legal Positivism, Politics, and Critical Ethics

Legal Positivism, Politics, and Critical Ethics

Author: Elena Namli
Publisher: Hart Publishing
ISBN: 9781666973402
Published In: October 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 1,040.00

HKD 1,008.80 Save HKD 31.20 (3%)

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Description
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This book challenges the view that legal positivism should be reduced to a conceptual analysis of legal validity. Instead, Elena Namli reclaims legal positivism as a theory of the relationship between law, morality, and politics. Presenting novel interpretations of the classical works of Herbert L. A. Hart, Joseph Raz, and Jürgen Habermas, Namli frames legal positivism as a theory that makes possible a moral and political critique of valid law. Moreover, this book defends the dialectical relationship between law, politics, and morality by combining a positivist approach to legal validity with a constructivist ethical theory which strengthens the critical potential of legal positivism. Legally valid norms may not always be morally justified, but understanding the moral quality of legal regulations is essential for comprehending modern law.

Chapter 1: Introduction: Law, Morality, and Politics

Chapter 2: Beyond Natural Law

Chapter 3: H.L.A. Hart: Utilitarian Ethics and Democratic Law

Chapter 4: Joseph Raz: The Legitimate Authority of the Law and Political Morality

Chapter 5: Jürgen Habermas: Democracy and the Law

Chapter 6: Legal Positivism, Democracy, and Moral Critique of Law

Bibliography

Index

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