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Legal Positivism for Legal Officials.

Authors :
Jiménez, Felipe
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]

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