Legal Positivism About the Artifact Law: A Retrospective Assessment
L. Burazin et al. (eds.), LAW AS ARTIFACT (Oxford University Press, 2017)
36 Pages
Posted: 21 Nov 2016
Date Written: November 16, 2016
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:
Suggested Citation
Leiter, Brian, Legal Positivism About the Artifact Law: A Retrospective Assessment (November 16, 2016). L. Burazin et al. (eds.), LAW AS ARTIFACT (Oxford University Press, 2017). Available at SSRN: https://ssrn.com/abstract=2870877
