Back to Search Start Over

Russell's Paradox and Legal Positivism

Authors :
David Gray Carlson
Source :
SSRN Electronic Journal.
Publication Year :
2009
Publisher :
Elsevier BV, 2009.

Abstract

In 1902, Bertrand Russell overturned set theory, which aspired to reduce all sets to their rules of recognition. These rules were to have logical priority to empirical sets posited by empirical human beings. As a result of Russell's Paradox, set theory gave up the hope of theorizing sets. This paper claims Russell's Paradox can be applied directly to jurisprudence. The result is that legal positivism (carefully defined as the claim that law can be reduced to rules of recognition) is invalid and must be abandoned. The corollary to this proposition is that law cannot be entirely separated from morality.

Details

ISSN :
15565068
Database :
OpenAIRE
Journal :
SSRN Electronic Journal
Accession number :
edsair.doi...........bac6b4a407396f8740ea737c1e23032b
Full Text :
https://doi.org/10.2139/ssrn.1355652