Center for Law and Philosophy
My purpose here is to examine the question of how the law can be incorporated within morality and how the existence of the law can impinge on our moral rights and duties, a question (or questions) which is a central aspect of the broad question of the relation between law and morality. My conclusions cast doubts on the incorporation thesis, that is, the view that moral principles can become part of the law of the land by incorporation.
Incorporation By Law,
Legal Theory, Vol. 10, pp.1-17, 2004
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/1485