Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Conceptual JurisprudenceDoes Hart’s Postscript Provide a Plausible Path to Inclusive Legal Positivism?

Conceptual Jurisprudence: Does Hart’s Postscript Provide a Plausible Path to Inclusive Legal... [In Hart’s Postscript the following dilemma is introduced: either the thesis of moral objectivity is true and, then, determining what the law requires may depend on moral arguments, or else that thesis is false and, then, when the law refers to morality it only makes recommendations to the courts to make law in accordance with morality. This paper is intended to show that, on either horn of the dilemma—as Hart seems to understand it—his account remains in the sphere of exclusive legal positivism, and any room for soft-positivism is closed off.] http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png

Conceptual JurisprudenceDoes Hart’s Postscript Provide a Plausible Path to Inclusive Legal Positivism?

Part of the Law and Philosophy Library Book Series (volume 137)
Editors: Fabra-Zamora, Jorge Luis; Villa Rosas, Gonzalo
Moreso, J. J.
Conceptual Jurisprudence — Sep 2, 2021
Download PDF
7 pages

Loading next page...
 
/lp/springer-journals/conceptual-jurisprudence-does-hart-s-postscript-provide-a-plausible-jKJBm8aopi
Publisher
Springer International Publishing
Copyright
© Springer Nature Switzerland AG 2021
ISBN
978-3-030-78802-5
Pages
133 –139
DOI
10.1007/978-3-030-78803-2_8
Publisher site
See Chapter on Publisher Site

Abstract

[In Hart’s Postscript the following dilemma is introduced: either the thesis of moral objectivity is true and, then, determining what the law requires may depend on moral arguments, or else that thesis is false and, then, when the law refers to morality it only makes recommendations to the courts to make law in accordance with morality. This paper is intended to show that, on either horn of the dilemma—as Hart seems to understand it—his account remains in the sphere of exclusive legal positivism, and any room for soft-positivism is closed off.]

Published: Sep 2, 2021

Keywords: H. L. A. Hart; Inclusive legal positivism; Exclusive legal positivism; Moral objectivity

There are no references for this article.