ABSTRACT

This chapter examines the connection between law and morality. Clarifying the relations between law and morality is rightly seen as central to the explanation of the nature of law. Some writers claim, that there are some types of necessary connections between law and morality, which have greater significance for an understanding of their relations. The chapter provides few examples of such claimed or alleged necessary connections. John Finnis and Ronald Dworkin, both espousers of a general obligation to obey all law, emphasised the possibility of marginal cases of law to which the duty does not apply. Any obligation to obey the law that it can establish must be doubly qualified. There is a general mistake undermining theses mentioned in the chapter which is not too difficult to spot: they attempt to derive a moral property which applies equally to each and every law from systemic moral properties of the law as a whole, or of some kinds of legal systems.