Anti-Positivism’s Conclusions

Roger A. Shiner

in Norm and Nature

Published in print September 1992 | ISBN: 9780198257196
Published online March 2012 | e-ISBN: 9780191681721 | DOI:

Series: Clarendon Law Series

Anti-Positivism’s Conclusions

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The preceding chapters of Part III developed the outlines of an anti-positivistic theory of law. The theory sketched is anti-positivistic in the sense that it abjures the systematic conceptual separation of law and value. It claims that the concept of law is not properly understood unless law is seen as having some essential, or internal, conceptual connection with human value. One of the important claims made here about the anti-positivism presented is that the motivation for believing it, and the fundamental premisses for its defence, are found in positivism itself. This chapter summarizes the theory as presented.

Keywords: anti-positivism; legal theory; positivism; law

Chapter.  3216 words. 

Subjects: Jurisprudence and Philosophy of Law

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