Morality and the Making of Law: Four Questions

7 Pages Posted: 24 Feb 2014

Date Written: December 1, 2010

Abstract

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

Endicott, Timothy A.O., Morality and the Making of Law: Four Questions (December 1, 2010). (2010) 1 Jurisprudence 267; Oxford Legal Studies Research Paper No. 48/2015. Available at SSRN: https://ssrn.com/abstract=2400546

Timothy A.O. Endicott (Contact Author)

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

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