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By John Gardner
John Gardner has built precise and interesting solutions to the imperative questions of criminal philosophy, slicing in the course of the technicalities of the topic to elucidate and reinvigorate the most arguments concerning the nature of legislations. This quantity collects that paintings to supply an incredible contribution to the literature on jurisprudence.
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Extra info for Law as a Leap of Faith
Again, there is no explanatory order to be found. For in the presupposition of the Grundnorm is the identification or fusion, in the juristic consciousness, of authorization and rightness. 16 Under the authority vested by the Grundnorm we must, of course, often do what apart from that authority we should or need not do. In law, the sources therefore often seem to require us to depart from the merits. But with the Grundnorm presupposed the merits are brought back into line. For the Grundnorm by its nature lends its merit to whatever sources it authorizes.
Nearly Natural Law’ is an amalgamation of parts of my Natural Law Lecture delivered at the University of Notre Dame in March 2007 and parts of my Petrazycki Lecture delivered at Warsaw University in May 2007. It was first published in American Journal of Jurisprudence 52 (2007), 1 and reappears here, lightly re-edited, by courtesy of the journal’s editors. ‘The Legality of Law’ was a plenary lecture at the IVR Congress in Lund in August 2003. It was published in Ratio Juris 17 (2004), 168. It appears here (partly rewritten) with permission of Wiley-Blackwell.
The chapter introduces several themes of the book, and sets the tone of the book, by casting doubt on the widely drawn distinction between legal positivism and ‘natural law’ theory. Keywords: God, omnipotence, omniscience, presupposition, constitution, basic norm, Kierkegaard, Kelsen 1. 1 Socrates’ challenge is not merely diverting sophistry. It seriously threatens the fabric of theism. 2 On the one hand, we are told that whatever this God commands is the right thing to do by virtue of God’s commanding it.