Law as a Moral Idea

This book argues that the institutions of law, and the structures of legal thought, are to be understood by reference to a moral ideal. The idea of law is an ideal of freedom, or independence from the power of others. The moral value and justificatory force of law are not contingent upon circumstance, but intrinsic to its character as law. Doctrinal legal arguments are shaped by rival conceptions of the conditions for realisation of the idea of law.In making these claims, the author rejects the viewpoint of much contemporary legal theory, and seeks to move jurisprudence closer to an older tradition of philosophical reflection upon law, exemplified by Hobbes and Kant. Modern analytical jurisprudence has tended to view these older philosophies as confused precisely in so far as they equate an understanding of law's nature with a revelation of its moral basis. According to most contemporary legal theorists, the understanding and analysis ofexisting institutions is quite distinct from any enterprise of moral reflection. But the relationship between ideals and practices is much more intimate than this approach would suggest. Some institutions can be properly understood only when they are viewed as imperfect attempts to realise moral orpolitical ideals; and some ideals can be conceived only by reference to their expression in institutions.

This is a deep-going and deeply considered work, which should have a civilizing and reformative influence on English-speaking legal philosophy., Beautifully written and consistently illuminating., Law as a Moral Idea contains an important and original theory of the nature of law by a profound and brilliant thinker. It deserves to be read and carefully pondered by anyone seeking to gain a greater understanding of law in the modern world., The seriousness by which Simmonds addresses the central claims of...positivists, often in forensic detail, is one of the strongest features of this book. He never attacks a straw-man and he clearly criticises the claims of his opponents on their home turf...A superb work in legal philosophy., The arguments are precise and subtle. I highly recommend this...book which is an invaluable contribution to our reflections on law and justice.

Nigel Simmonds is Reader in Jurisprudence at the University of Cambridge, where he is also Director of Studies in Law, and Dean of College at Corpus Christi College.