Is Moral Criticism of Law Possible? Cover Image

Възможна ли е морална критика на правото?
Is Moral Criticism of Law Possible?

Author(s): Deyana Marcheva
Subject(s): Law, Constitution, Jurisprudence, Philosophy of Law
Published by: Нов български университет
Keywords: moral criticism of law; legal positivism; critical legal studies; law and literature; methods of the humanities; robin west; narrative jurisprudence

Summary/Abstract: In this article I represent the project for moral criticism of law, as developed by Robin West in “Narrative, Law and Authority”. I analyse how the issue of moral criticism of law comes to the fore in the context of legal positivism and I further render it problematic within the Critical Legal Studies that unmask and expose the processes of law’s legitimation in society. I give reasons for the need of applying the methods of the humanities for reaching an independent moral perspective that is not entirely a product of the legal system. I discuss the objections to the humanistic project so that to demonstrate their deficiencies and to reject them, and at the end to reinforce this project as a possible and meaningful moral critique of law.

  • Issue Year: 11/2023
  • Issue No: 12
  • Page Range: 114-131
  • Page Count: 18
  • Language: English, Bulgarian