Planning Positivism and Planning Natural Law

19 Pages Posted: 10 Jan 2012 Last revised: 26 Mar 2012

See all articles by Martin J. Stone

Martin J. Stone

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

Date Written: January 9, 2012

Abstract

This paper, forthcoming in the Canadian Journal of Law and Jurisprudence, is a comment on Scott Shapiro's book "Legality." I argue that Shapiro's "planning theory of law" is not proprietary to legal positivism. Indeed, there is reason to think that the Planning Theory would thrive best in a natural law context. In the second part of the paper, I comment on a methodological commitment -- one sometimes regarded as quite innocent by practitioners of "analytic" jurisprudence -- which impedes such a natural law possibility from coming into view. The structure of a natural law theory is analyzed here in terms of a logically distinctive form of generality.

Keywords: Shapiro, planning, positivism, natural law, forms of generality, utilitarianism, Kant, analytic jurisprudence, morality

Suggested Citation

Stone, Martin J., Planning Positivism and Planning Natural Law (January 9, 2012). Canadian Journal of Law and Jurisprudence, Forthcoming; Cardozo Legal Studies Research Paper No. 363. Available at SSRN: https://ssrn.com/abstract=1982143

Martin J. Stone (Contact Author)

Benjamin N. Cardozo School of Law ( email )

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

New School for Social Research -- Philosophy ( email )

NY
212.790.0279 (Phone)

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