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Legal positivism

In Martin P. Golding & William A. Edmundson (eds.), The Blackwell Guide to the Philosophy of Law and Legal Theory. Blackwell (2005)

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  1. Limited Ink : Interpreting and Misinterpreting GÜdel's Incompleteness Theorem in Legal Theory.Karen Crawley - unknown
    This thesis explores the significance of Godel's Theorem for an understanding of law as rules, and of legal adjudication as rule-following. It argues that Godel's Theorem, read through Wittgenstein's understanding of rules and language as a contextual activity, and through Derrida's account of 'undecidability,' offers an alternative account of the relationship of judging to justice. Instead of providing support for the 'indeterminacy' claim, Godel's Theorem illuminates the predicament of undecidability that structures any interpretation and every legal decision, and which constitutes (...)
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  • Positivism, Legal Validity, and the Separation of Law and Morals.Giorgio Pino - 2014 - Ratio Juris 27 (2):190-217.
    The essay discusses the import of the separability thesis both for legal positivism and for contemporary legal practice. First, the place of the separability thesis in legal positivism will be explored, distinguishing between “standard positivism” and “post-Hartian positivism.” Then I will consider various kinds of relations between law and morality that are worthy of jurisprudential interest, and explore, from a positivist point of view, what kind of relations between law and morality must be rejected, what kind of such relations should (...)
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