2007
DOI: 10.1017/s1352325208070122
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GROUNDS OF LAW AND LEGAL THEORY: A Response

Abstract: Linking theses of Plato, Wittgenstein, and Weber, section I argues that identification of central cases and settling of focal meanings depend upon the theorist's purpose(s) and, in the case of theory about human affairs—theory adequately attentive to the four irreducible orders in which human persons live and act—upon the purposes for which we intelligibly and intelligently act. Among these purposes, primacy (centrality) is to be accorded (by acknowledgement, not fiat) to purposes which are, as best the theori… Show more

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Cited by 17 publications
(2 citation statements)
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“…It has also been criticized for creating the legal platform for obnoxious regimes insensitive to human rights in general and child rights in particular, such as the Nazi regime, the apartheid rule in South Africa, and suppressive military dictatorships in Africa (Leiter, 2003;Goldsworthy, 1990). According to Dworkin, positive law has been criticized for lending credence to immoral and obnoxious laws and most times is undeserving of its title as "law" (Dworkin, 1977(Dworkin, , 1986Finnis, 2000Finnis, , p. 1597.…”
Section: Positive Lawmentioning
confidence: 99%
“…It has also been criticized for creating the legal platform for obnoxious regimes insensitive to human rights in general and child rights in particular, such as the Nazi regime, the apartheid rule in South Africa, and suppressive military dictatorships in Africa (Leiter, 2003;Goldsworthy, 1990). According to Dworkin, positive law has been criticized for lending credence to immoral and obnoxious laws and most times is undeserving of its title as "law" (Dworkin, 1977(Dworkin, , 1986Finnis, 2000Finnis, , p. 1597.…”
Section: Positive Lawmentioning
confidence: 99%
“…Indeed, morality would have no sense if such were the case. One's personal moral beliefs may or may not be true : “If and only if there are moral beliefs that are true is there morality , such as could concern a reasonable person when deliberating towards choice and action, or when engaging in philosophical reflection and a critical inquiry into the truth of these propositions about what should and should not be chosen and done” (Finnis 2008, 321).…”
mentioning
confidence: 99%