Lawful, but not Really: The Dual Character of the Concept of Law

IF 0.8 2区 哲学 Q3 ETHICS
Brian Flanagan, Guilherme de Almeida
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Abstract

Disagreement on law’s relationship to morality has long been driven by disagreement about our ordinary concept. Until recently, however, there had been no systematic investigation of lay intuitions. In this paper, we advance this nascent effort. Across two studies (N = 697), our findings reveal that most people consider law to be more than a matter of political circumstance alone. Contrary to the expectations of most contemporary philosophers, morality (both substantive and procedural) emerges as a key influence on judgments of legal validity: many people say that conduct prohibited by immoral statutes is not truly illegal, and that immoral conduct which was never explicitly prohibited is truly illegal. This suggests that people often treat law as a dual character concept that, like the concepts of scientist or of artist, features autonomous concrete and abstract dimensions.

Abstract Image

合法,但并非真正合法:法律概念的双重特性
长期以来,关于法律与道德关系的分歧一直是由我们对普通概念的分歧所导致的。然而,直到最近,我们还没有对非专业人士的直觉进行过系统的调查。在本文中,我们推进了这一新生努力。通过两项研究(N = 697),我们的调查结果显示,大多数人认为法律不仅仅是一个政治环境问题。与大多数当代哲学家的期望相反,道德(包括实体和程序两方面)成为影响法律有效性判断的关键因素:许多人说,不道德的法规所禁止的行为并非真正的非法,而从未被明确禁止的不道德的行为才是真正的非法。这表明,人们通常将法律视为具有双重性格的概念,就像科学家或艺术家的概念一样,具有自主的具体和抽象维度。
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来源期刊
Law and Philosophy
Law and Philosophy Multiple-
CiteScore
1.40
自引率
0.00%
发文量
35
期刊介绍: Law and Philosophy is a forum for the publication of work in law and philosophy which is of common interest to members of the two disciplines of jurisprudence and legal philosophy. It is open to all approaches in both fields and to work in any of the major legal traditions - common law, civil law, or the socialist tradition. The editors of Law and Philosophy encourage papers which exhibit philosophical reflection on the law informed by a knowledge of the law, and legal analysis informed by philosophical methods and principles.
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