Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Monday, July 23, 2007

Raz on Law & Morality

Joseph Raz's paper, Incorporation by Law, was published in 2004, but it has just now been made available online.  When you're Joseph Raz, you don't need to provide an abstract, so here is an excerpt from the introduction:

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. This way of putting the question is not meant to be neutral. Legal theorists tend to start at the other end. They do not ask how law impinges upon morality, but how morality impinges on the law. It may be natural for legal theorists, being as they are focused on the law, to start with the law and ask what room it makes for morality. I will suggest that this way of conceiving the question of the relations between law and morality has contributed to some important mistakes. A better way of motivating reflection on the relations is to start with morality.

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