The Ideality of Law

The Ideality of Law Journal of Moral Philosophy 6 (2009) 521–534 JOURNAL OF MORAL PHILOSOPHY brill.nl/jmp © Koninklijke Brill NV, Leiden, 2009 DOI 10.1163/174046809X12464327133258 Review Article Th e Ideality of Law Sean Coyle Faculty of Laws, University College London Bentham House, Endsleigh Gardens, London WC1H 0EG s.coyle@ucl.ac.uk Abstract Both of the books under review (R. Dworkin, Justice in Robes and N.E. Simmonds, Law as a Moral Idea ) off er a challenge to the dominant jurisprudential tradition of legal positivism. Underlying this superfi cial similarity in aims is a sharp divergence in philosophical outlook. Whereas Dworkin’s arguments operate within a body of background assumptions that he shares with his opponents, and which he has done much to shape, Simmonds sees his task as challenging those assumptions. Th is is particularly evident in the moral philosophies at the heart of each book: Dworkin (I argue) can be seen as off ering a Protestant-voluntarist-atheist philosophy; whereas Simmonds resembles a Catholic-conservative-Aristotelian. Keywords Aristotle; conservatism; Dworkin; morality; pluralism; Protestantism; Simmonds R. Dworkin, Justice in Robes (Cambridge, MA: Belknap Press, 2006), 308 pp. ISBN 0674021673 (hbk). Hardback/Paperback: £25.95/£16.95. N.E. Simmonds, Law as a Moral Idea (Oxford: Oxford University Press, 2007), 209 pp. ISBN 9780199276462 (hbk). Hardback/Paperback: £39.99/–. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Journal of Moral Philosophy Brill

The Ideality of Law

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Publisher
BRILL
Copyright
© 2009 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1740-4681
eISSN
1745-5243
D.O.I.
10.1163/174046809X12464327133258
Publisher site
See Article on Publisher Site

Abstract

Journal of Moral Philosophy 6 (2009) 521–534 JOURNAL OF MORAL PHILOSOPHY brill.nl/jmp © Koninklijke Brill NV, Leiden, 2009 DOI 10.1163/174046809X12464327133258 Review Article Th e Ideality of Law Sean Coyle Faculty of Laws, University College London Bentham House, Endsleigh Gardens, London WC1H 0EG s.coyle@ucl.ac.uk Abstract Both of the books under review (R. Dworkin, Justice in Robes and N.E. Simmonds, Law as a Moral Idea ) off er a challenge to the dominant jurisprudential tradition of legal positivism. Underlying this superfi cial similarity in aims is a sharp divergence in philosophical outlook. Whereas Dworkin’s arguments operate within a body of background assumptions that he shares with his opponents, and which he has done much to shape, Simmonds sees his task as challenging those assumptions. Th is is particularly evident in the moral philosophies at the heart of each book: Dworkin (I argue) can be seen as off ering a Protestant-voluntarist-atheist philosophy; whereas Simmonds resembles a Catholic-conservative-Aristotelian. Keywords Aristotle; conservatism; Dworkin; morality; pluralism; Protestantism; Simmonds R. Dworkin, Justice in Robes (Cambridge, MA: Belknap Press, 2006), 308 pp. ISBN 0674021673 (hbk). Hardback/Paperback: £25.95/£16.95. N.E. Simmonds, Law as a Moral Idea (Oxford: Oxford University Press, 2007), 209 pp. ISBN 9780199276462 (hbk). Hardback/Paperback: £39.99/–.

Journal

Journal of Moral PhilosophyBrill

Published: Jan 1, 2009

Keywords: PLURALISM; ARISTOTLE; SIMMONDS; MORALITY; CONSERVATISM; DWORKIN; PROTESTANTISM

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