The Folk Concept of Law
Law Is Intrinsically Moral
Bibliographic Data
| ID | 21293479 |
|---|---|
| Authors | Brian Flanagan (0000-0001-7719-5051, National University of Ireland, Maynooth), Ivar R Hannikainen (0000-0003-0623-357X, Universidad de Granada) |
| Year | 2022 |
| Volume | 100 |
| Issue | 1 |
| Pages | 165-179 |
| Publication date | 2022-01-02 |
| Peer Reviewed | Yes |
| Open Access | No |
| Type | ARTICLE |
| Venue | Australasian Journal of Philosophy (JOURNAL) |
| Journal identifiers | ISSN: 0004-8402 • E-ISSN: 1470-6828 |
| Publisher | Informa UK Limited (PUBLISHER • GB) |
| DOI | 10.1080/00048402.2020.1833953 |
| OpenAlex | W3101798342 |
| Language | EN |
| Citations received | 7 |
| References cited | 34 |
Most theorists agree that our social order includes a distinctive legal dimension. A fundamental question is that of whether reference to specific legal phenomena always involves a commitment to a particular moral view. Whereas many philosophers advance the ‘positivist’ claim that any correspondence between morality and the law is just a function of political circumstance, natural law theorists insist that law is intrinsically moral. Each school claims the crucial advantage of consistency with our folk concept. Drawing on the notion of dual character concepts, we develop a set of hypotheses about the intuitive relation between a rule’s moral and legal aspects. We then report a set of studies that conflict unexpectedly with the predictions by legal positivists. Intuitively, an evil rule is not a fully-fledged instance of law
Comparative law · Consistency (knowledge bases) · Epistemology · Function (biology) · Morality · Natural law · Natural order · Order (exchange) · Philosophy of law · Political science · Positivism · Relation (database) · Sociology · Computer Science · Law · Law in Society and Culture · Mathematics · Multicultural Socio-Legal Studies · Philosophical Ethics and Theory · Philosophy
Social Dynamics on the Increasing Divorce of Malay Communities during Covid-19 in Sambas West Kalimantan, Indonesia Perspective of Islamic Family Law
Rule is a dual character concept
People Use Norms, Values, Codification, and Enforceability to Determine if a Rule Was Broken
Outcome effects, moral luck and the hindsight bias
Doesn't everybody jaywalk? On codified rules that are seldom followed and selectively punished
Are there really any dual‐character concepts
The experimental philosophy of law
Natural law and natural rights
General theory of law and state
Legality
Dual character concepts and the normative dimension of conceptual representation
Normativity and Epistemic Intuitions
Syntactic Structures
Sovereign Virtue
Ethics and the Limits of Philosophy
Dual Character Art Concepts
There Are No Easy Counterexamples to Legal Anti-Positivism
Ethics and the Limits of Philosophy
Ethics in the Public DomainEssays in the Morality of Law and Politics
Practical Reason and Norms
Experimental Syntax
Experimental Semantics
The case for motivated reasoning
Dual character concepts
Demand Effects in Survey Experiments
| Unique citing works | 7 |
|---|---|
| Citations per year | 1,4 |
| Citation span | 2021 - 2025 (5) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 7 |