Legality, by Scott Shapiro (Book Review)

Legal Studies - The Journal of the Society of Legal Scholars,Vol. 32, pp. 499-507, 2012

9 Pages Posted: 2 Jan 2013  

Thomas Bustamante

Federal University of Minas Gerais (UFMG)

Date Written: January 2, 2012

Abstract

In this book review I discuss some of the central aspects of Scott Shapiro's book 'Legality', and provide a critical view of the key submissions of the book. I hold that Shapiro's Planning Theory of Law is actually a new form of normative positivism, although it is unaware of this feature. I also claim that the Planning Theory is an interpretive theory of law in Dworkin's sense, and that it fails to construct a purely 'conceptual' theory of law. Nevertheless, in spite of some methodological problems, it is a very promising positivistic theory of law and legal reasoning.

Keywords: Scott Shapiro, legality, law, plans, normative positivism

Suggested Citation

Bustamante, Thomas, Legality, by Scott Shapiro (Book Review) (January 2, 2012). Legal Studies - The Journal of the Society of Legal Scholars,Vol. 32, pp. 499-507, 2012. Available at SSRN: https://ssrn.com/abstract=2195438 or http://dx.doi.org/10.2139/ssrn.2195438

Thomas Da Rosa Bustamante (Contact Author)

Federal University of Minas Gerais (UFMG) ( email )

Av. Antonio Carlos, 6627
Belo Horizonte, Minas Gerais 31270-901
Brazil

HOME PAGE: http://www.ufmg.br

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