Fuzzifying the Natural Law-Legal Positivist Debate
Edward S. Adams
University of Minnesota - Twin Cities - School of Law
Stockholm University; Stockholm University
Buffalo Law Review, Vol. 43, No. 1, pp. 85-119, 1995
Legal scholars have long debated various theories of law. The debate between natural lawyers and legal positivists is case in point. This debate centers, as is well known, on the claim that there is a conceptual connection between law and morality. Natural law theorists maintain that there is such a connection, whereas legal positivists maintain that there isn't. The dialogue in this article details the respective positions of a natural law theorist, Naturalis, a legal positivist, Positivus, and a fuzzy logician, Multivalus, with regard to a case that arose in post-war Germany. As the dialogue highlights, fuzzy logic is a significant new tool which may be used to bridge the gap between the bivalent world-views espoused by natural law theorists and legal positivists.
Number of Pages in PDF File: 36
Keywords: Natural Law Theory, Legal Positivism, Fuzzy LogicAccepted Paper Series
Date posted: August 16, 2006
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