Incorporation By Law

17 Pages Posted: 12 Jul 2007  

Joseph Raz

University of Oxford - Faculty of Law; Columbia University - Law School; King's College London – The Dickson Poon School of Law

Abstract

My purpose here is to examine the question of how the law can be incorporated within morality and how the existence of the law can impinge on our moral rights and duties, a question (or questions) which is a central aspect of the broad question of the relation between law and morality. My conclusions cast doubts on the incorporation thesis, that is, the view that moral principles can become part of the law of the land by incorporation.

Keywords: Jurisprudence, Morality, Incorporation Thesis, Soft-positivism

Suggested Citation

Raz, Joseph, Incorporation By Law. Legal Theory, Vol. 10, pp.1-17, 2004. Available at SSRN: https://ssrn.com/abstract=999579

Joseph Raz (Contact Author)

University of Oxford - Faculty of Law ( email )

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

HOME PAGE: http://josephnraz.googlepages.com/home

Columbia University - Law School ( email )

435 West 116th Street
New York, NY 10025
United States

HOME PAGE: http://josephnraz.googlepages.com/home

King's College London – The Dickson Poon School of Law ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

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