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Legal Positivism for Legal Officials.
- Source :
- Canadian Journal of Law & Jurisprudence; Aug2023, Vol. 36 Issue 2, p359-386, 28p
- Publication Year :
- 2023
-
Abstract
- This paper makes a conceptual prescription: it argues that judges and lawyers should adopt a positivist concept of law, on normative grounds. The positivist view, I will argue, is more consistent with reasonable disagreement and majority rule than nonpositivist views, offers a better view of law's moral standing, and is more consistent with what Dworkin called 'integrity' than non-positivism. As the paper explains, this is an argument about what I call the 'operative' concept of law. As such, the argument avoids potential problems for conceptual prescription, and shows why even those who adopt non-positivist views about the nature of law might accept it. [ABSTRACT FROM AUTHOR]
- Subjects :
- LEGAL positivism
JUDGES
LAWYERS
JURISPRUDENCE
SOCIAL facts
MORAL reasoning
Subjects
Details
- Language :
- English
- ISSN :
- 08418209
- Volume :
- 36
- Issue :
- 2
- Database :
- Complementary Index
- Journal :
- Canadian Journal of Law & Jurisprudence
- Publication Type :
- Academic Journal
- Accession number :
- 170724428
- Full Text :
- https://doi.org/10.1017/cjlj.2022.36