Titlebook: Beyond Legal Positivism; The Moral Authority Whitley R. P. Kaufman Book 2023 The Editor(s) (if applicable) and The Author(s), under exclus

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Only Net Zero Scenario Matters,s the flaws of legal positivism in that movement’s desire to make a ‘science’ of legal philosophy and also to avoid any entanglement in moral or political theory, given its inclination towards moral relativism. But if moral relativism is true, then the very project of law is incoherent; law is merel

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1572-4395 ner accessible to the non-specialist, while still addressing.Legal Positivism has been the dominant school of legal philosophy for much of the last century, despite its many critics. Its central tenet has long been that there is no necessary connection between law and morality. This book provides a

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The Problem of Legal Authority, truth). We show how this doctrine is the fatal weakness of legal positivism, for it renders the theory unable to explain the concept of legal obligation. Without some connection to morality, law can only take the form of coercion not obligation.

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Only Net Zero Scenario Matters,y the application of force, and no justification can be presented for it. There is then no way to avoid the connection between law and morality: law is an institution that is defined by its moral aim, and its authority is grounded in its capacity to achieve that aim.