Chapter

Defect and Deviance in Natural Law Jurisprudence

Mark C. Murphy

in Institutionalized Reason

Published in print February 2012 | ISBN: 9780199582068
Published online May 2012 | e-ISBN: 9780191739354 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199582068.003.0003
Defect and Deviance in Natural Law Jurisprudence

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Both John Finnis and Robert Alexy hold that law that lacks an adequate rational basis for compliance is defective as law. But only Alexy offers the right sort of argument to sustain this thesis. To defend natural law jurisprudence, however, is to defend the view that such non-defectiveness conditions play a central role in explaining law's existence conditions. It is thus crucial for natural law jurisprudence that it follow Alexy's rather than Finnis's lead.

Keywords: John Finnis; Robert Alexy; natural law jurisprudence

Chapter.  9734 words. 

Subjects: Jurisprudence and Philosophy of Law

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