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ABSTRACT Most theorists agree that our social order includes a distinctive legal dimension. A fundamental question is that of whether reference to specific legal phenomena always involves a commitment to a particular moral view. Whereas many philosophers advance the ‘positivist’ claim that any correspondence between morality and the law is just a function of political circumstance, natural law theorists insist that law is intrinsically moral. Each school claims the crucial advantage of consistency with our folk concept. Drawing on the notion (...) |
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In this discussion of Emad Atiq's article "There are No Easy Counterexamples to Legal Anti-Positivism" I pose three challenges to his construction of an Inclusive Anti-positivism. I firstly argue that, contra Atiq, the moral facts that both ground IAP and allow it to satisfy the extensional challenge are sometimes reducible to social facts. In Section II, I briefly discuss internal- and external-to-practice appraisals of legal norms. Finally, in Section III, I touch upon the divergent explanations of legal normativity IAP and (...) |