Morality and the Making of Law: Four Questions
(2010) 1 Jurisprudence 267
7 Pages Posted: 24 Feb 2014
Date Written: December 1, 2010
In a discussion of Nigel Simmonds’ book Law as a Moral Idea, I argue that Simmonds is right to call law a ‘moral idea’, implying a connection between law and the morally ideal; in my view, that connection is compatible with a necessary connection between law and the morally non-ideal. I ask four questions prompted by Simmonds’ work: Is politics a moral idea? Is there any such thing as law making? Is there a right answer to every legal dispute? What justifies a judicial decision? For each question I discuss Simmonds’ approach, and I propose a tentative answer.
Keywords: Morality, legislation, adjudication, Nigel Simmonds
Suggested Citation: Suggested Citation