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The Legacy of H.L.A. HartLegal, Political, and Moral Philosophy$
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Matthew H. Kramer, Claire Grant, Ben Colburn, and Antony Hatzistavrou

Print publication date: 2008

Print ISBN-13: 9780199542895

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199542895.001.0001

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Legality, Morality, and the Guiding Function of Law

Legality, Morality, and the Guiding Function of Law

Chapter:
(p.85) 5 Legality, Morality, and the Guiding Function of Law
Source:
The Legacy of H.L.A. Hart
Author(s):

W J Waluchow

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199542895.003.0005

This chapter argues in favour of Inclusive Legal Positivism and against Exclusive Legal Positivism. It maintains that philosophers in the latter camp are inconsistent when they propound their account of constitutional adjudication while also claiming that the role of law in guiding human conduct is something that cannot be accommodated by Inclusive Legal Positivism.

Keywords:   inclusive legal positivism, exclusive legal positivism, adjudication, morality, law

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