Publication Type

Journal Article

Version

Publisher’s Version

Publication Date

2003

Abstract

The relation between law and morality is a point of contention amongst legal philosophers. There are several issues: first, the extent to which law should incorporate moral standards; second, the effect of moral status on legal validity (the "validity question"); third, the effect of legal validity on the obligation created by the law (the "obedience question"). Because most positivists concede that it is desirable for law to accord with notions of justice and morals and that law often incorporates morals, the first issue features less prominently in the positivism-natural law debate. This article examines John Finnis's views on the latter two issues: the validity question and the obedience question. In doing so, this article points out the implications of the manner in which positivism and natural law theory deal with these questions.

Keywords

unjust laws, legal validity, natural law theory, legal positivism, John Finnis

Discipline

Jurisprudence

Research Areas

Law, Society and Governance

Publication

Regent University Law Review

Volume

15

First Page

195

Last Page

221

ISSN

1056-3962

Publisher

Regent University School of Law

Creative Commons License

Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

Additional URL

https://ssrn.com/abstract=2291605

Included in

Jurisprudence Commons

Share

COinS