Positivism and the internal point of view

Law and Philosophy 17 (s 5-6):597-625 (1998)
Can one consistently (i) be a positivist, and (ii) think that the internal attitude to the law is a moral attitude? Two objections are raised in the literature. The first is that the combination is straight-out contradictory. The second is that if the internal attitude is a moral attitude, those who take it cannot be positivists. Arguments from Shiner, Goldsworthy and Raz are examined. It is concluded that neither objection works. The arguments are based on scope errors, conflations of what is said with what is implicated, and a false view of the distinction between detached and committed statements.
Keywords Law   Logic   Philosophy of Law   Law Theory/Law Philosophy   Political Science   Social Issues
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DOI 10.2307/3505190
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