The Autonomy of Law: Essays on Legal Positivism
This collection of original essays from distinguished legal philosophers offers a challenging assessment of the nature and viability of legal positivism, an approach to legal theory which continues to dominate contemporary legal theoretical debates. To what extent is the law adequately described as autonomous? Should legal theorists maintain a conceptual separation of law and morality? These and other questions are addressed by the authors in this carefully edited collection, which will be of interest to all lawyers and scholars interested in legal philosophy.
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Positivism as Pariah
Does Positivism Matter?
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accept action Aquinas argue argument Authoritative Intention Thesis Autonomy Thesis basic behaviour Bentham citizens Clarendon Press common Concept of Law courts criteria debate decisions determine duty to obey Dworkin example Fallibility Thesis Finnis Fuller further intentions H. L. A. Hart Hart's human identify institutions internal point interpretation issue ius gentium John Finnis Joseph Raz judges judicial Jurisprudence jurisprudential justice justify law and morality Law Review law-making law's legal norms Legal Philosophy legal positivism legal positivist legal practice legal reasoning legal rules legal system Legal Theory legislation MacCormick matter meaning meta-ethical moral judgment moral principles Natural Law Theory Neil MacCormick Neutrality Thesis obligation to obey officials Oxford Philosophy political positive law possible practical reasoning Pre-emption Thesis problem question relevant requires rule of recognition sanctions sense separability thesis Separation of Law social facts social rule Sources Thesis standards Summa Theologiae theorists Theory of Law tion University Press validity