About Morality and the Nature of Law

This chapter explores the connection between law and morality. It argues that the denial of necessary connections between law and morality cannot be sustained. However, many of the claims of specific necessary connections between law and morality made by legal theorists are mistaken. The chapter contends that while there are necessary connections between morality and how the law is, the more significant necessary connections relate to the evaluative perspective which informs our thinking of how the law ought to be, rather than how it is.

This chapter explores the connection between law and morality. It argues that the denial of necessary connections between law and morality cannot be sustained. However, many of the claims of specific necessary connections between law and morality made by legal theorists are mistaken. The chapter contends that while there are necessary connections between morality and how the law is, the more significant necessary connections relate to the evaluative perspective which informs our thinking of how the law ought to be, rather than how it is.