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Freedom, Law, and Naked Violence: A Reply to Kramer
- University of Toronto Law Journal
- University of Toronto Press
- Volume 59, Number 3, Summer 2009
- pp. 381-404
- 10.1353/tlj.0.0028
- Article
- Additional Information
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The essay defends the thesis that law has an inherently moral aspect. To the extent that law governs, one enjoys a degree of freedom (understood as independence from the power of another) which could exist in no other way. The essay responds to Kramer's criticisms of this argument, presented in an earlier issue of the University of Toronto Law Journal. It is suggested that Kramer misrepresents the argument in several respects. Once his misrepresentations are cleared out of the way, his position is revealed as being weak and confused.