Jump to ContentJump to Main Navigation
The Autonomy of LawEssays on Legal Positivism$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 22 October 2019

Farewell to ‘Legal Positivism’: The Separation Thesis Unravelling

Farewell to ‘Legal Positivism’: The Separation Thesis Unravelling

Chapter:
(p.119) 5 Farewell to ‘Legal Positivism’: The Separation Thesis Unravelling
Source:
The Autonomy of Law
Author(s):

Klaus Füβer

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198267904.003.0005

H. L. A Hart complained about the ambiguity of legal positivism, and proposed a definition that refers to particular explications of the concept of law, to certain theories of legal interpretation, to particular views on the moral problem of a duty to obey the law, and to a sceptical position with regard to the meta-ethical issue of the possibility of moral knowledge. It is said to be restricted to the Thesis of Separation — the contention that there is no necessary connection between law and morals. In this chapter, the Separation Thesis is discussed even further, and has three shortcomings identified: first, that it has been vacillating between object-level contentions about moral qualities of the law; that the precise logical relation between both levels has never been properly accounted for; and that the question of necessary relations between morality and law hinges crucially on the presupposition that the very concept of law itself does not unravel into different sets of convenient stipulations from different epistemological angles, each of which renders the question of such necessary relations trivial. The Separation Thesis is also identified as having two versions: the Fallibility Law and the Neutrality Law.

Keywords:   epistemology, Fallibility Law, Neutrality Law, Thesis of Separation, law, morals

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.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .