IN WHAT SENSE IS LAW A MORAL PRACTICE?

Abstract

Scott Hershovitz’s book Law Is a Moral Practice contends that law is, well, a moral practice. But what Hershovitz means by that claim is not entirely clear. A modest version of the claim, and one that Hershovitz seems at times to press, is that law can, and often does, impact our moral relationships. Legal events—like enacting a statute or adjudicating a dispute in court—can, and often do, affect what we morally owe each other. That modest version of the claim is true; indeed, it is so uncontroversial that it hardly needs a book-length defense. One assumes that Hershovitz’s main objective lies elsewhere.

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moral practice, Scott Hershovitz, Bill Watson, law is a moral practice

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Bill Watson

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