48 Pages Posted: 18 Feb 2010 Last revised: 20 Apr 2010
Date Written: February 17, 2010
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.
Keywords: positivism, nature of law, utilitarianism, natural law, Hart, Austin, Kant
Suggested Citation: Suggested Citation
Stone, Martin J., Positivism as Opposed to What? Law and the Moral Idea of Right (February 17, 2010). Cardozo Legal Studies Research Paper No. 290. Available at SSRN: https://ssrn.com/abstract=1554500