Chapter

Exclusive Legal Positivism

Andrei Marmor

in Positive Law and Objective Values

Published in print May 2001 | ISBN: 9780198268970
Published online January 2010 | e-ISBN: 9780191713187 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198268970.003.0003
Exclusive Legal Positivism

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This chapter explores some of the implications of the conventional foundations of law on the debate between two main versions of legal positivism: the so-called exclusive and inclusive theses. It argues that inclusive legal positivism, which was meant to form a middle ground between traditional positivist theories and Ronald Dworkin's anti-positivism, is not a tenable position. There is no such middle ground. This book argues that inclusive legal positivism is irreconcilable with both the social conventions of law and its essentially authoritative nature.

Keywords: legal positivism; exclusive legal positivism; inclusive legal positivism; Ronald Dworkin; anti-positivism; social conventions

Chapter.  11585 words. 

Subjects: Jurisprudence and Philosophy of Law

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