Moral Judgment and Legal Theory
23 Pages Posted: 18 Jan 2001
Date Written: December 8, 2000
My theme is the role of moral judgment in legal theory. My thesis is that moral judgment provides an important constraint on various aspects of legal theory. I shall illustrate that thesis by discussing, first, the so-called "separation" of law and morals (Section I); secondly, legal interpretation (Section II); and thirdly, the "rule of law" ideal (Section III).
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