Legal Positivism About the Artifact Law: A Retrospective Assessment

L. Burazin et al. (eds.), Law as Artifact (Oxford University Press, 2017)

34 Pages Posted: 21 Nov 2016 Last revised: 2 Sep 2017

Date Written: August 31, 2017

Abstract

This paper defends legal positivism against the backdrop of the assumption that law is an artifact, not a natural kind, and that it is an artifact whose nature does not depend on the intentions of a creator. I argue that even within the constraint imposed by the metaphysics of what law is, positivism satisfies the most important theoretical desiderata, including locating law within a naturalistic worldview.

Keywords: legal positivism, artifact, naturalism, Leslie Green, Luka Burazin

Suggested Citation

Leiter, Brian, Legal Positivism About the Artifact Law: A Retrospective Assessment (August 31, 2017). L. Burazin et al. (eds.), Law as Artifact (Oxford University Press, 2017), Available at SSRN: https://ssrn.com/abstract=2870877

Brian Leiter (Contact Author)

University of Chicago ( email )

1111 E. 60th St.
Chicago, IL 60637
United States

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
1,035
Abstract Views
4,648
Rank
39,971
PlumX Metrics