A utilitarian argument: laying the foundation for a coherent system of law
Version 2 2024-06-17, 03:57Version 2 2024-06-17, 03:57
Version 1 2014-10-27, 16:27Version 1 2014-10-27, 16:27
journal contribution
posted on 2024-06-17, 03:57authored byM Bagaric
Even the most ardent legal positivists agree that as a matter offact there is a connection between law and morality. In most Western legal systems this association is very strong. Underpinning most legal rules is a (real or purported) moral principle - certainly it is difficult to find examples of laws which are clearly immoral. The foundation upon which a coherent and justifiable legal system must be built is a theory of morality.