Legal Studies - The Journal of the Society of Legal Scholars,Vol. 32, pp. 499-507, 2012
9 Pages Posted: 2 Jan 2013
Date Written: January 2, 2012
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: 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