Inclusive Legal Positivism
Oxford University Press

Inclusive Legal Positivism

Subjects: Philosophy, Ethics & moral philosophy
ISBN13: 9780198258124
Published: 14 Apr 1994

Format - Hardback
By Waluchow, W. J.

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Regular price A$370.15
Sale price A$370.15 Regular price A$381.60

Inclusive Legal Positivism

Regular price A$370.15
Sale price A$370.15 Regular price A$381.60
Product description

This book develops a general theory of law DS inclusive legal positivism DS 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. W. J. Walchow articulates and defends his own version of legal positivism, which is a refinement and development of the views
of H. L. A. Hart. The author shows how inclusive legal positivism demonstrates that the existence or content of positive law does depend on moral considerations; and that this is consistent with legal
positivism. In addition, Waluchow helps to remove the confusion which has marred current jurisprudential debates about the nature of law. He argues that these debates are often clouded by failures to appreciate that different theorists are offering different kinds of theories and attempting to answer different questions. He also accuses theorists, principally Ronald Dworkin, of failing to characterize opposing theories correctly.

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