Legal Positivism

22 Pages Posted: 24 Jan 2003  

Brian Bix

University of Minnesota Law School

Abstract

This article tries to present the jurisprudential school of thought, legal positivism, within a larger context than is usual in contemporary English-language discussions of that approach: (1) showing the intellectual and political contexts in which the movement began; (2) emphasizing the variety of theories that fit under that label (e.g., how the Kelsenian tradition varies significantly from the Hartian tradition); and (3) discussing how the future development of legal positivism will depend on its discussion of wider theoretical issues (e.g., the proper approach to social theory, and the use of conceptual analysis in philosophy). The article also summarizes the main criticisms of legal positivism, and gives an overview of the internal debate of inclusive legal positivism versus exclusive legal positivism.

Notes: This is a description of the paper and not the actual abstract.

Suggested Citation

Bix, Brian, Legal Positivism. BLACKWELL GUIDE TO THE PHILOSOPHY OF LAW AND LEGAL THEORY, Martin P. Golding & William A. Edmundson, eds., Blackwell, 2005. Available at SSRN: https://ssrn.com/abstract=369782 or http://dx.doi.org/10.2139/ssrn.369782

Brian Bix (Contact Author)

University of Minnesota Law School ( email )

229 19th Avenue South
Minneapolis, MN 55455
United States
612-624-2505 (Phone)
612-625-2011 (Fax)

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