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This book examines how Gustav Radbruch, H. L. A. Hart, and Ernst-Wolfgang Böckenförde each addressed the question of the end of law, its function, and its normative foundation within the context of the modern legal and political order. Through a politico-theological reading, it highlights the tension between legal validity and moral legitimacy, as well as the extent to which law can maintain public order without compromising its own claim to justice. The analysis of Radbruch, Hart, and Böckenförde sheds light on how valid law can become unjust, demanding actions that may conflict with individual judgment or morality. It raises questions about natural law, the relationship between morality and law, and law’s ultimate purpose, suggesting that law and politics represent, at best, a relative good. It addresses the broader crisis of legal authority and state sovereignty, the expanding reach of state power, and whether law should instruct, command, or ultimately point beyond itself. The End of Law is of interest to scholars in legal theory, political theology, and the philosophy of law. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution (CC BY) 4.0 license
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Keywords
- law morality relationship
- Legal positivism
- moral legitimacy
- natural law theory
- normative foundations
- Radbruch formula
- state authority crisis
- thema EDItEUR::J Society and Social Sciences::JP Politics and government
- thema EDItEUR::L Law::LA Jurisprudence and general issues::LAB Methods, theory and philosophy of law
- thema EDItEUR::Q Philosophy and Religion::QD Philosophy::QDT Topics in philosophy::QDTS Social and political philosophy
- thema EDItEUR::Q Philosophy and Religion::QR Religion and beliefs::QRA Religion: general::QRAB Philosophy of religion
- thema EDItEUR::Q Philosophy and Religion::QR Religion and beliefs::QRM Christianity
Links
DOI: 10.4324/9781003289142Editions