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    Lawful, but not Really: The Dual Character of the Concept of Law


    Flanagan, Brian and de Almeida, Guilherme (2024) Lawful, but not Really: The Dual Character of the Concept of Law. Law and Philosophy, 43 (5). pp. 507-548. ISSN 0167-5249

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    Abstract

    Disagreement on law’s relationship to morality has long been driven by disagreement about our ordinary concept. Until recently, however, there had been no systematic investigation of lay intuitions. In this paper, we advance this nascent effort. Across two studies (N = 697), our findings reveal that most people consider law to be more than a matter of political circumstance alone. Contrary to the expectations of most contemporary philosophers, morality (both substantive and procedural) emerges as a key influence on judgments of legal validity: many people say that conduct prohibited by immoral statutes is not truly illegal, and that immoral conduct which was never explicitly prohibited is truly illegal. This suggests that people often treat law as a dual character concept that, like the concepts of scientist or of artist, features autonomous concrete and abstract dimensions.
    Item Type: Article
    Keywords: lawful; not really; dual character; concept of law; law;
    Academic Unit: Faculty of Social Sciences > Law
    Item ID: 19993
    Identification Number: 10.1007/s10982-024-09501-8
    Depositing User: Brian Flanagan
    Date Deposited: 16 Jun 2025 15:43
    Journal or Publication Title: Law and Philosophy
    Publisher: Springer
    Refereed: Yes
    Related URLs:
    URI: https://mural.maynoothuniversity.ie/id/eprint/19993
    Use Licence: This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here

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