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
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: 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
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