Chapter

Legal Positivism: 5½ Myths

John Gardner

in Law as a Leap of Faith

Published in print September 2012 | ISBN: 9780199695553
Published online January 2013 | e-ISBN: 9780191741296 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199695553.003.0002
Legal Positivism: 5½ Myths

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This chapter isolates a core doctrine that could be labelled the ‘legal positivist’ doctrine and shows that does not support, let alone entail, a range of other doctrines with which it has often been associated. The core doctrine is that law is valid on its sources, not its merits. This doctrines with which this is often mistakenly associated include doctrines about the value of source-based norms, about the relative importance of the rule of law, about the role of the judiciary, about the proper way to interpret the law, and about the existence of ‘necessary connections between law and morality’.

Keywords: sources; merits; validity; rule of law; judges; legislation; interpretation; necessary connections

Chapter.  14367 words. 

Subjects: Jurisprudence and Philosophy of Law

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