Does Positivism Matter?
This chapter describes how the debate over legal positivism is not distinctly related to anything of genuine philosophical or practical significance, and tests this thesis. The test used for such a thesis will have to ascertain the most significant conceptual problems and determine the number, kind, strength and direction of any relationship that legal positivism may have with its neighbouring jurisprudential concerns. The test that is used will rely on the mainstream view of legal positivism — conceptual assertions of a possible separation between determining and ascertaining the law, and morally assessing or evaluating the law. This chapter attempts to document the observations and results of this test. In this chapter, the separation of law and morality, as well as the nature of legal positivism, is further described.
Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
If you think you should have access to this title, please contact your librarian.