Foundations of Law

2 of 5: How Do Moral Judgments Underlie Positive Law? [No. 86]

Although most people may not have philosophical training, they are able to make correct moral judgments in a variety of situations. Professor Hadley Arkes discusses how people intuitively discern the difference between actions that can be contingentl ... Although most people may not have philosophical training, they are able to make correct moral judgments in a variety of situations. Professor Hadley Arkes discusses how people intuitively discern the difference between actions that can be contingently wrong and situations that are always wrong. That is why people willingly accept positive laws that are clearly based on commonsense principles.

Hadley Arkes is the Founder and Director of the James Wilson Institute on Natural Rights and the American Founding. He is Professor Emeritus of Jurisprudence at Amherst College. Professor Arkes is the author of several books and hundreds of articles.

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