Towards an Ethics-Based Legal Theory
Seize: 128 x 198 mm, paperback
Modern legal theory has paid much attention to the factual and the moral, but not to the ethical – the question of how to live well from one’s own point of view. This book is a strikingly original contribution to the traditional issue of the nature of law and, more important, a strikingly original account of the role of law in an ethical life.
LIAM B. MURPHY
Herbert Peterfreund Professor of Law and Professor of Philosophy
New York University School of Law
This original essay dares to apply an ethical perspective to law (in contrast to the prevailing moral and positivist tendencies). While influenced by Roman law and Aquinas, it goes beyond traditional legal theory (understood in a modern Thomist perspective) and it applies legal theory to the most common riddles of constitutional practice. Its originality is that instead of the usual moral law–positive law dualism he brings in the personal perspective turning the dual relation into a triadic one.
Hungarian Academy of Sciences Retired judge (Vice President) of the European Court of Human Rights
In this excellent and interesting study Gergely Deli reminds us that we should all strive to live worthwhile and fulfilling lives – and that one primary purpose of law is to guide and assist us in doing so. Well-constructed legal systems help us to fulfill the command „honeste vivere”, by supporting the ethical choices that give value and meaning to our lives.
Regents Professor, University System of Maryland, President of the International Association for Philosophy of Law and Social Philosophy