Jump to ContentJump to Main Navigation
The Practice of PrincipleIn Defence of a Pragmatist Approach to Legal Theory$
Users without a subscription are not able to see the full content.

Jules Coleman

Print publication date: 2003

Print ISBN-13: 9780199264124

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199264124.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 23 May 2019

Practical Difference

Practical Difference

(p.134) Lecture Ten— Practical Difference
The Practice of Principle


Oxford University Press

Recently, Scott Shapiro has characterized legal normativity in more general terms, propounding what has come to be called the ‘practical difference thesis’. Shapiro has argued that the practical difference thesis is incompatible with inclusive legal positivism. Thus, he aims to vindicate a conclusion similar to Raz’s, but doing so based on weaker premises. This chapter lays out Shapiro’s argument and explains why various responses to him have failed. It then presents a general argument against both Shapiro and Raz to the effect that even if it is true of law that it must make a practical difference, or that it must be the sort of thing that could be a legitimate authority, it does not follow that the same must be true of each and every law.

Keywords:   Scott Shapiro, Raz, legal theory, legal positivism, practical difference thesis

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 .