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Legal Positivism About the Artifact Law: A Retrospective Assessment

L. Burazin et al. (eds.), Law as Artifact (Oxford University Press, 2017)

34 Pages Posted: 21 Nov 2016 Last revised: 2 Sep 2017

Brian Leiter

University of Chicago

Date Written: August 31, 2017

Abstract

This paper defends legal positivism against the backdrop of the assumption that law is an artifact, not a natural kind, and that it is an artifact whose nature does not depend on the intentions of a creator. I argue that even within the constraint imposed by the metaphysics of what law is, positivism satisfies the most important theoretical desiderata, including locating law within a naturalistic worldview.

Keywords: legal positivism, artifact, naturalism, Leslie Green, Luka Burazin

Suggested Citation

Leiter, Brian, Legal Positivism About the Artifact Law: A Retrospective Assessment (August 31, 2017). L. Burazin et al. (eds.), Law as Artifact (Oxford University Press, 2017). Available at SSRN: https://ssrn.com/abstract=2870877

Brian Leiter (Contact Author)

University of Chicago ( email )

1111 E. 60th St.
Chicago, IL 60637
United States

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