Positivism as Opposed to What? Law and the Moral Idea of Right

48 Pages Posted: 18 Feb 2010 Last revised: 20 Apr 2010

Martin J. Stone

Benjamin N. Cardozo School of Law; New School for Social Research -- Philosophy

Date Written: February 17, 2010

Abstract

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

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

Martin J. Stone (Contact Author)

Benjamin N. Cardozo School of Law ( email )

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New York, NY 10003
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212-790-0279 (Phone)

New School for Social Research -- Philosophy ( email )

NY
212.790.0279 (Phone)

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