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Article: Four reflections on law and morality.
- Article from:
- William and Mary Law Review
- Article date:
- April 1, 2007
- Author:
CopyrightCOPYRIGHT 2007 College of William and Mary, Marshall Wythe School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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TABLE OF CONTENTS
INTRODUCTION
I. How DOES MORALITY RELATE TO THE LAW WE HAVE?
A. Morality in Judicial Reasoning
1. The Explicit Incorporation of
Morality by Obvious Law
2. Morally Justifying the Authority of Obvious Law
3. Morality in Hard Cases
4. Moral "Safety Valves" and the
Overruling of Obvious Law
B. Morality in the Law
II. HOW DOES MORALITY RELATE TO THE LAW
WE OUGHT TO HAVE?
III. SHOULD REAL OR CONVENTIONAL MORALITY BE
PART OF THE LAW?
A. Epistemic Deference
1. The Supposed Wisdom of the Many
2. Conventions as Heuristics
B. Democratic Deference
1. In the Law We Ought To ...