The Dissenter

#1137 Scott Hershovitz: Law Is a Moral Practice

Aug 15, 2025
Scott Hershovitz, the Thomas G. and Mabel Long Professor of Law and Philosophy at the University of Michigan, dives deep into the transformation of law as a moral practice. He explores the intricate connection between law and morality, challenging conventional views. Through philosophical debates on legal indeterminacy, he highlights ethical implications in the legal profession and the responsibilities of lawyers. Hershovitz also emphasizes the need for accessible philosophical ideas, particularly for children, making complex concepts more relatable.
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INSIGHT

Law As A Moral Practice

  • Scott Hershovitz reframes law as a moral practice rather than a separate set of normative rules.
  • Legal actions adjust moral relationships and legal claims are a species of moral claims.
INSIGHT

Law And Morality Are Both Made

  • Law and morality are both human-made and shaped by social practices.
  • Creating legal obligations is analogous to making promissory obligations in everyday life.
INSIGHT

Why Legal Authority Exists

  • Society grants legal authority to solve conflicts and enable coordination at scale.
  • Legal institutions extend collective capacity to build roads, armies, and other public goods.
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