Jurisprudence 12 (1):1-16 (2020)

Authors
Muhammad Ali Khalidi
CUNY Graduate Center
Liam Murphy
New York University
Abstract
This paper argues that the disagreement between positivists and nonpositivists about law is substantive rather than merely verbal, but that the depth and persistence of the disagreement about law, unlike for the case of morality, threatens skepticism about law. The range of considerations that can be brought to bear to help resolve moral disagreements is broader than is the case for law, thus improving the prospects of reconciliation in morality. But the central argument of the paper is that law, unlike morality, is a concept-dependent social kind, in the sense that law cannot exist in a society without someone in that society having the concept of law. Since the existence of the social kind law is largely dependent on the existence of the corresponding concept, when different actors have different concepts, they can end up creating different kinds. Hence, the difference between positivists and nonpositivists is not just a conceptual one but is capable of giving rise to different legal norms.
Keywords law  social kind  positivism  nonpositivism
Categories (categorize this paper)
Reprint years 2021
ISBN(s)
DOI 10.1080/20403313.2020.1787783
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy

 PhilArchive page | Other versions
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.

Add more references

Citations of this work BETA

Anderson v Dredd [2138] Megacity LR (A) 1.Mark Thomas - forthcoming - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique:1-43.

Add more citations

Similar books and articles

Moral Judgment as a Natural Kind.Victor Kumar - 2015 - Philosophical Studies 172 (11):2887-2910.
Disagreement, Perspectivism, Consequentialism.Arnold Burms - 2009 - Ethical Perspectives 16 (2):155-163.
Disagreement and Dispute.Delia Belleri - 2014 - Philosophia 42 (2):289-307.
Paternalism, Disagreements, and The Moral Difference.Daniel Groll - 2019 - American Philosophical Quarterly 56 (1):57-70.
Peerhood in Deep Religious Disagreements.Stefan Reining - 2015 - Religious Studies (3):1-17.
Moral Disagreement Among Philosophers.Ralph Wedgwood - 2014 - In Michael Bergmann & Patrick Kain (eds.), Challenges to Moral and Religious Belief: Disagreement and Evolution. Oxford University Press. pp. 23-39.
What the Science of Morality Doesn’T Say About Morality.Gabriel Abend - 2013 - Philosophy of the Social Sciences 43 (2):157-200.

Analytics

Added to PP index
2020-07-13

Total views
222 ( #42,746 of 2,432,286 )

Recent downloads (6 months)
74 ( #9,509 of 2,432,286 )

How can I increase my downloads?

Downloads

My notes