Ratio Juris 22 (3):326-338 (2009)

Abstract
In this paper, I present a new argument against inclusive legal positivism. As I show, any theory which permits morality to be a condition on legality cannot account for a core feature of legal activity, namely, that it is an activity of social planning. If the aim of a legal institution is to guide the conduct of the community through plans, it would be self-defeating if the existence of these plans could only be determined through deliberation on the merits. I also argue that, insofar as inclusive legal positivism was developed as a response to Ronald Dworkin's critique of H. L. A. Hart's theory of law, it was founded on a mistake. For once we appreciate the role that planning plays in legal regulation, we will see that Dworkin's objection is based on a flawed conception of legal obligations and rights and hence does not present an objection that inclusive legal positivists were required to answer
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1111/j.1467-9337.2009.00428.x
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 57,156
Through your library

References found in this work BETA

Intention, Plans, and Practical Reason.Michael Bratman - 1987 - Cambridge, MA: Harvard University Press.
The Concept of Law.Hla Hart - 1961 - Oxford University Press.
Taking Rights Seriously.Ronald Dworkin (ed.) - 1977 - Duckworth.
The Concept of Law.Stuart M. Brown - 1963 - Philosophical Review 72 (2):250.

View all 11 references / Add more references

Citations of this work BETA

Positivism and Plural Legal Systems.John Eekelaar - 2012 - Ratio Juris 25 (4):513-526.

Add more citations

Similar books and articles

Analytics

Added to PP index
2009-08-27

Total views
184 ( #51,584 of 2,411,735 )

Recent downloads (6 months)
5 ( #149,408 of 2,411,735 )

How can I increase my downloads?

Downloads

My notes