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