Peer-Reviewed Journal Details
Mandatory Fields
Flanagan, B; Hannikainen, IR
2022
Unknown
Australasian Journal of Philosophy
The Folk Concept of Law: Law Is Intrinsically Moral
Published
4 ()
Optional Fields
DUAL CHARACTER CONCEPTS NORMATIVE DIMENSION EXPERTISE
100
1
165
179
Most theorists agree that our social order includes a distinctive legal dimension. A fundamental question is that of whether reference to specific legal phenomena always involves a commitment to a particular moral view. Whereas many philosophers advance the 'positivist' claim that any correspondence between morality and the law is just a function of political circumstance, natural law theorists insist that law is intrinsically moral. Each school claims the crucial advantage of consistency with our folk concept. Drawing on the notion of dual character concepts, we develop a set of hypotheses about the intuitive relation between a rule's moral and legal aspects. We then report a set of studies that conflict unexpectedly with the predictions by legal positivists. Intuitively, an evil rule is not a fully-fledged instance of law.
ABINGDON
0004-8402
10.1080/00048402.2020.1833953
Grant Details