
Published online:
24 May 2012
Published in print:
23 February 2012
Online ISBN:
9780191739354
Print ISBN:
9780199582068
Contents
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A. Introduction A. Introduction
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B. Strong and Weak Readings of the Natural Law Thesis B. Strong and Weak Readings of the Natural Law Thesis
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C. The Failure of Finnis's Argument for the Weak Natural Law Thesis C. The Failure of Finnis's Argument for the Weak Natural Law Thesis
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D. A Successful Alexian Argument for the Weak Natural Law Thesis D. A Successful Alexian Argument for the Weak Natural Law Thesis
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E. The Weak Natural Law Thesis and Natural Law Jurisprudence E. The Weak Natural Law Thesis and Natural Law Jurisprudence
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Chapter
3 Defect and Deviance in Natural Law Jurisprudence
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Pages
45–60
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Published:February 2012
Cite
Murphy, Mark C., 'Defect and Deviance in Natural Law Jurisprudence', in Matthias Klatt (ed.), Institutionalized Reason: The Jurisprudence of Robert Alexy (Oxford , 2012; online edn, Oxford Academic, 24 May 2012), https://doi.org/10.1093/acprof:oso/9780199582068.003.0003, accessed 29 Apr. 2025.
Abstract
Both John Finnis and Robert Alexy hold that law that lacks an adequate rational basis for compliance is defective as law. But only Alexy offers the right sort of argument to sustain this thesis. To defend natural law jurisprudence, however, is to defend the view that such non-defectiveness conditions play a central role in explaining law's existence conditions. It is thus crucial for natural law jurisprudence that it follow Alexy's rather than Finnis's lead.
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