Advertisement

Law and Philosophy

, Volume 33, Issue 6, pp 773–793 | Cite as

Some Remarks on the Connection Between Law and Morality

  • María Cristina RedondoEmail author
Article

Abstract

This article is primarily focused on two interconnected discussions presented by John Gardner in Law as a Leap of Faith. The first one is related to the thesis which, according to Gardner, all positivists agree on; the second one is referred to the positivist’s position regarding the connection between law and morality. In order to address these issues I rely on the distinction between two kinds of criteria: the conceptual criteria and the validity criteria. On this basis, and against what Gardner asserts, I try to defend two main ideas. Firstly, that the thesis on which all positivists agree is not one about the validity criteria that norms must satisfy in order to belong to a legal system, but rather one concerning the conceptual criteria delimiting the concept of law. By the same token, I argue that, according to the positivist understanding of the concept of law, there is no necessary connection between law and morality.

Keywords

Legal System Moral Reason Validity Criterion Legal Norm Moral Requirement 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

Preview

Unable to display preview. Download preview PDF.

Unable to display preview. Download preview PDF.

Copyright information

© Springer Science+Business Media Dordrecht 2014

Authors and Affiliations

  1. 1.Conicet/University of GenoaCórdobaArgentina

Personalised recommendations