The Lost World of Classical Legal Thought: Law and Ideology

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Language: English

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The strongest construction of the Overlap Thesis forms the foundation for the classical naturalism of Aquinas and Blackstone. Thus, for example, the judge must decide cases on the basis of those moral principles that "figure[] in the soundest theory of law that can be provided as a justification for the explicit substantive and institutional rules of the jurisdiction in question" (Dworkin 1977, 66). King and his supporters filed a federal lawsuit requesting to be permitted to proceed with the march.

Pages: 296

Publisher: Oxford University Press; 1 edition (June 4, 1998)


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