Morality, Law, and Legislation

Garrett Barden and Tim Murphy

in Law and Justice in Community

Published in print August 2010 | ISBN: 9780199592685
Published online January 2011 | e-ISBN: 9780191595653 | DOI:
Morality, Law, and Legislation

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This chapter discusses the relationship between morality, law, and legislation. In this account ‘morality’ refers to that part of human living governed by deliberation and choice; ‘law’ usually refers to the living law or the communal moral tradition; and ‘legislation’ refers to decisions of the legislator, whether the legislator is a single individual or a legislative assembly. The chapter includes separate discussions of these elements and then focuses both on how these three forms give rise to obligation and on the question of the proper range of legislation.

Keywords: law; morality; legislation; obligation; proper range of legislation

Chapter.  12516 words. 

Subjects: Jurisprudence and Philosophy of Law

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