ABSTRACT

Will a minimalist descriptive-explanatory legal theory have to deny the possibility that there is an objective morality? Must it take a stand on the possibility of our having reliable knowledge of objective morality, if it does exist? These very abstract philosophical questions are not without importance for a more grounded account of legal systems with entrenched moral-political rights. If, for instance, the efficacy of the Canadian Charter of Rights and Freedoms relies upon the existence of true, objective morality, then a number of difficulties arise for any legal theorist aiming to describe and explain it.