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Positivism as Opposed to What? Law and the Moral Idea of RightMartin J. StoneBenjamin 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 Accepted Paper SeriesDate posted: February 18, 2010 ; Last revised: April 20, 2010Suggested Citation |
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