An edition of Inclusive legal positivism (1994)

Inclusive legal positivism

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Last edited by MARC Bot
July 25, 2024 | History
An edition of Inclusive legal positivism (1994)

Inclusive legal positivism

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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.

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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.

Publish Date
Language
English
Pages
290

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Previews available in: English

Edition Availability
Cover of: Inclusive legal positivism
Inclusive legal positivism
1994, Clarendon Press, Oxford University Press
in English

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Book Details


Edition Notes

Includes bibliographical references (p. [273]-279) and index.

Published in
Oxford, New York

Classifications

Dewey Decimal Class
340/.1
Library of Congress
K331 .W35 1994, K331.W35 1994, K331 .W35 1993

The Physical Object

Pagination
x, 290 p. ;
Number of pages
290

ID Numbers

Open Library
OL1415439M
Internet Archive
inclusivelegalpo00walu
ISBN 10
0198258127
LCCN
93024903
OCLC/WorldCat
28212317
Library Thing
4576383
Goodreads
4950135

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History

Download catalog record: RDF / JSON
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