Abstract

Jules Coleman has shown that positivism’s pedigree thesis has a semantic sense and an epistemic sense. The semantic sense states the conditions a proposition must satisfy in order to be law. The epistemic sense constitutes a standard that can be used to identify the community’s law. In this article, I argue the epistemic sense is considerably more modest than has often been supposed. At most, it provides a means for conclusively identifying those legislative utterances that give rise to statutory law. Accordingly, it is false that the pedigree thesis provides a test for deciding even questions of settled law.