Transcending the Debate between Inclusive and Exclusive Legal Positivists

Abstract
According to the standard positivist picture of law, each legal system contains a master rule that specifies criteria of legality for primary rules.1 A central debate in legal philosophy during the past twenty-five years has concerned the content of the master rule. Exclusive positivists (“exclusivists”) insist that the master rule can only make reference to social facts or sources: “pedigree” criteria.2 As Ronald Dworkin emphasizes, however, some rulings can’t be justified exclusively by reference to pedigreed legal norms.3 Judges sometimes exercise..
Keywords No keywords specified (fix it)
Categories No categories specified
(categorize this paper)
Options
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index Translate to english
 
Download options
PhilPapers Archive


Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 12,068
External links
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA

No references found.

Citations of this work BETA

No citations found.

Similar books and articles
Friday N. Ndubuisi (2008). The Question of Validity of Law. Proceedings of the Xxii World Congress of Philosophy 40:61-66.
Analytics

Monthly downloads

Added to index

2010-12-22

Total downloads

4 ( #267,670 of 1,101,864 )

Recent downloads (6 months)

2 ( #191,964 of 1,101,864 )

How can I increase my downloads?

My notes
Sign in to use this feature


Discussion
Start a new thread
Order:
There  are no threads in this forum
Nothing in this forum yet.