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In Defense of Legal PositivismLaw Without Trimmings$
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Matthew H. Kramer

Print publication date: 2003

Print ISBN-13: 9780199264834

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199264834.001.0001

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Law and Order: Some Implications

Law and Order: Some Implications

(p.254) 9 Law and Order: Some Implications
In Defense of Legal Positivism


Oxford University Press

This closing chapter takes up the question whether every legal mandate, simply by dint of its status as such a mandate, imposes a pro-tanto moral obligation to comply with its terms. In delivering a negative answer to this question, the chapter first mounts a critique of the principle of fair play. It then shows that there is no comprehensively applicable pro-tanto moral obligation of obedience, even in an admirably benign legal system.

Keywords:   political obligation, obedience, moral duties, legal positivism, H. L. A. Hart, fair play, legal mandates

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