Abstract

http://ssrn.com/abstract=1554500
 


 



Positivism as Opposed to What? Law and the Moral Idea of Right


Martin J. Stone


Benjamin N. Cardozo School of Law; New School for Social Research -- Philosophy

February 17, 2010

Cardozo Legal Studies Research Paper No. 290

Abstract:     
I ask what a proper critical target for "legal positivism" might be. I argue that utilitarian moral theory (and more generally fully directive moral theories) are unacknowledged motivations for legal positivism. Contemporary debate about "the nature of law" is, historically speaking, much more of a footnote to utilitarianism than has been recognized.

Number of Pages in PDF File: 48

Keywords: positivism, nature of law, utilitarianism, natural law, Hart, Austin, Kant

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Date posted: February 18, 2010 ; Last revised: April 20, 2010

Suggested Citation

Stone, Martin J., Positivism as Opposed to What? Law and the Moral Idea of Right (February 17, 2010). Cardozo Legal Studies Research Paper No. 290. Available at SSRN: http://ssrn.com/abstract=1554500

Contact Information

Martin J. Stone (Contact Author)
Benjamin N. Cardozo School of Law ( email )
55 Fifth Ave.
New York, NY 10003
United States
212-790-0279 (Phone)

New School for Social Research -- Philosophy ( email )
NY
212.790.0279 (Phone)
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