Check nearby libraries
Buy this book
![Loading indicator](/images/ajax-loader-bar.gif)
This book develops a general theory of law, inclusive legal positivism, which seeks to remain within the tradition represented by authors such as Austin, Hart, MacCormick, and Raz, while sharing some of the virtues of both classical and modern theories of natural law, as represented by authors such as Aquinas, Fuller, Finnis, and Dworkin. Its central theoretical questions are: Does the existence or content of positive law ever depend on moral considerations?
If so, is this fact consistent with legal positivism? The author shows how inclusive positivism allows one to answer yes to both of these questions.
.
In addition to articulating and defending his own version of legal positivism, which is a refinement and development of the views of H.L.A. Hart as expressed in his classic book The Concept of Law, the author clarifies the terms of current jurisprudential debates about the nature of law. These debates are often clouded by failures to appreciate that different theorists are offering differing kinds of theories and attempting to answer different questions.
There is also a failure, principally on the part of Ronald Dworkin, to characterize opposing theories correctly. The clarity of Waluchow's work will help to remove the confusion which has hitherto marred some jurisprudential debate, particularly about Dworkin's work.
Check nearby libraries
Buy this book
![Loading indicator](/images/ajax-loader-bar.gif)
Previews available in: English
Subjects
Legal positivismEdition | Availability |
---|---|
1
Inclusive legal positivism
1994, Clarendon Press, Oxford University Press
in English
0198258127 9780198258124
|
aaaa
Libraries near you:
WorldCat
|
Book Details
Edition Notes
Includes bibliographical references (p. [273]-279) and index.
Classifications
The Physical Object
ID Numbers
Community Reviews (0)
Feedback?July 25, 2024 | Edited by MARC Bot | import existing book |
December 4, 2010 | Edited by Open Library Bot | Added subjects from MARC records. |
April 28, 2010 | Edited by Open Library Bot | Linked existing covers to the work. |
December 10, 2009 | Created by WorkBot | add works page |