Chapter

Legality as a Value

N.E. Simmonds

in Law as a Moral Idea

Published in print August 2008 | ISBN: 9780199552191
Published online March 2012 | e-ISBN: 9780191701597 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199552191.003.0006
Legality as a Value

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Legal positivists suggested that by separating different legal questions, we can dissipate the sense of mystery that surrounds the nature of law, which springs largely from our inability to find a single satisfactory answer to the question ‘What is law?’ when it is asked at large and without an awareness of the distinct issues that it can be taken to raise. HLA Hart introduced a regimentation of questions along those lines, which tried to dissolve problems of legal philosophy by a system of legal disentanglement. The author contends that despite the widespread and long-lasting influence of this theory, all Hart did was just merely succeed in obscuring and leading people to forget the deep and intractable problem that had always been at the heart of philosophical reflection upon law.

Keywords: legal questions; HLA Hart; legal disentanglement; philosophical reflection

Chapter.  15154 words. 

Subjects: Jurisprudence and Philosophy of Law

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