Chapter

Sophisticated Positivism

Roger A. Shiner

in Norm and Nature

Published in print September 1992 | ISBN: 9780198257196
Published online March 2012 | e-ISBN: 9780191681721 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198257196.003.0003

Series: Clarendon Law Series

Sophisticated Positivism

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This chapter lays out sophisticated positivism as the development of lines of thought which began in simple positivism. Some of the claims of sophisticated positivism are that: (1) the law is a system of exclusionary reasons for action – it is not simply a system of good first-order reasons for action and (2) the law's connection with authority is a necessary one – it claims to pre-empt parts of our practical reasoning, subject to its claims being justified by the fact that we should act in accordance with reasons that actually apply to us by obeying the law.

Keywords: legal philosophy; simple positivism; law

Chapter.  23510 words. 

Subjects: Jurisprudence and Philosophy of Law

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