Abstract

http://ssrn.com/abstract=190368
 


 



Positively Positivism


Brian Bix


University of Minnesota Law School


Virginia Law Review, Vol. 85, pp. 889-923, August 1999

Abstract:     
Anthony Sebok's book, Legal Positivism in American Jurisprudence (1998) offers novel and interesting claims about the connection between constitutional theory and legal theory, in the course of telling the history of each in America during this century. The book is at its best in analyzing Legal Process, an approach to law that has been overlooked or discounted in recent years. Sebok brings new ideas and new research to his detailed discussion of that school of thought. The book is less successful in its most controversial claims, attempting to tie the Legal Positivism of John Austin and H.L.A. Hart with both Legal Formalism and Legal Process. The argument goes wrong by conflating conceptual theories of law with theories of adjudication.

Number of Pages in PDF File: 36

Accepted Paper Series


Download This Paper

Date posted: October 22, 1999  

Suggested Citation

Bix, Brian, Positively Positivism. Virginia Law Review, Vol. 85, pp. 889-923, August 1999. Available at SSRN: http://ssrn.com/abstract=190368

Contact Information

Brian Bix (Contact Author)
University of Minnesota Law School ( email )
229 19th Avenue South
Minneapolis, MN 55455
United States
612-624-2505 (Phone)
612-625-2011 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 1,532
Downloads: 226
Download Rank: 74,397
People who downloaded this paper also downloaded:
1. Legal Positivism and 'Explaining' Normativity and Authority
By Brian Bix

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.328 seconds