Fuzzifying the Natural Law-Legal Positivist Debate

36 Pages Posted: 16 Aug 2006

See all articles by Edward S. Adams

Edward S. Adams

University of Minnesota - Twin Cities - School of Law

Torben Spaak

Stockholm University

Abstract

Legal scholars have long debated various theories of law. The debate between natural lawyers and legal positivists is case in point. This debate centers, as is well known, on the claim that there is a conceptual connection between law and morality. Natural law theorists maintain that there is such a connection, whereas legal positivists maintain that there isn't. The dialogue in this article details the respective positions of a natural law theorist, Naturalis, a legal positivist, Positivus, and a fuzzy logician, Multivalus, with regard to a case that arose in post-war Germany. As the dialogue highlights, fuzzy logic is a significant new tool which may be used to bridge the gap between the bivalent world-views espoused by natural law theorists and legal positivists.

Keywords: Natural Law Theory, Legal Positivism, Fuzzy Logic

Suggested Citation

Adams, Edward S. and Spaak, Torben, Fuzzifying the Natural Law-Legal Positivist Debate. Buffalo Law Review, Vol. 43, No. 1, pp. 85-119, 1995. Available at SSRN: https://ssrn.com/abstract=924108

Edward S. Adams

University of Minnesota - Twin Cities - School of Law ( email )

229 19th Avenue South
Minneapolis, MN 55455
United States

Torben Spaak (Contact Author)

Stockholm University ( email )

S-106 91 Stockholm
Sweden
46 8 16 45 89 (Phone)
46 8 612 41 09 (Fax)

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