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

CEDE

OPEC in the Age of Climate Change,t doctrines as normative, we can engage in a genuine debate about the ideals that a legal system should pursue, instead of the current situation in which legal positivists present their normative preferences in the forms of necessary conceptual truths.

Adj異類的

Normative Legal Positivism,t doctrines as normative, we can engage in a genuine debate about the ideals that a legal system should pursue, instead of the current situation in which legal positivists present their normative preferences in the forms of necessary conceptual truths.

過(guò)分

Book 2023been that there is no necessary connection between law and morality. This book provides a broad but clear and jargon-free account of the central objections to the theory and why those objections are sufficient to show that legal positivism is no longer tenable. This includes a broad critique of the

Incorporate

The Function of Law,way to explain and understand a human artifact like law is not in terms of ‘essences’ or necessary properties but in terms of its purpose. The aim of law is to establish a single, comprehensive moral code with which a society can organize itself.

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Book 2023ool arises from a caricatured account of that doctrine, for instance the idea that it requires substantive theological commitments or particular conceptions of human nature. In contrast, the author presents an account of natural law theory that is grounded in a commitment to moral truth, but not to

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Judicious

The Problem of Legal Authority, law and morality, whether that be expressed through the Separability Thesis or the Social Fact Thesis (that law is a matter of social fact, not moral 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 obligat