Oxford University Press (1992)
Is the nature of law to be formal procedure or to embody substantive value? This work deals with the traditional conflict in legal philosophy between positivistic and anti-positivistic theories of law. It examines the conflict with respect to seven central issues in legal philosophy--law as a reason for action, law and authority, the internal point of view to law, the acceptance of law, discretion and principle, interpretation and semantics, and law and the common good. This work argues that although this conflict cannot be resolved, the true nature of law is revealed--not obscured--by this perennial situation.
|Keywords||Legal positivism Natural law Law Philosophy|
|Categories||categorize this paper)|
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|Call number||K331.S55 1992|
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Citations of this work BETA
Strictly Institutionalized Sources of Law: Some Further Thoughts.Roger A. Shiner - 2007 - Ratio Juris 20 (2):310-324.
Continental Normativism and Its British Counterpart: How Different Are They?Stanley L. Paulson - 1993 - Ratio Juris 6 (3):227-244.
Practical‐Political Jurisprudence and the Dual Nature of Law.Sarah Nason - 2013 - Ratio Juris 26 (3):430-455.
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