Chapter

The Point of View of Legal Theory

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/9780198257196.003.0006

Series: Clarendon Law Series

The Point of View of Legal Theory

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This chapter argues that legal theory not only need not, but also should not, be committed to the availability of the external point of view for itself. Sophisticated positivism, by showing us clearly why it is a mistake to take the external point of view of the ‘bad man’ as dispositive of the nature of law, shows us in the end why it is also a mistake to take an external point of view for legal theory as dispositive of the nature of law. The latter mistake shows why positivism cannot be the correct theory of law.

Keywords: legal theory; legal philosophy; sophisticated positivism; nature of law

Chapter.  9495 words. 

Subjects: Jurisprudence and Philosophy of Law

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