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The Autonomy of LawEssays on Legal Positivism$
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Robert P. George

Print publication date: 1999

Print ISBN-13: 9780198267904

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198267904.001.0001

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Does Positivism Matter?

Does Positivism Matter?

Chapter:
(p.56) (p.57) 3 Does Positivism Matter?
Source:
The Autonomy of Law
Author(s):

R. George Wright

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198267904.003.0003

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.

Keywords:   jurisprudence, law, morality

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