Phl 347
Lecture 23: Legal Positivism

Two Central Theses

Broad and narrow positivism

Two kinds of (narrow) legal positivism

Common ground

Soft vs. Hard Positivism

What is positive law?

The Bentham/Austin Command Theory

Some problems with the command theory.

Conventionalist Versions of Legal Positivism

Law as a System of Rules

Legal Validity

Validity of Grundnorms

The "Internal Perspective"

Some Philosophical Problems with Conventionalism

Does Law Reduce to Sociology?

A Circular Definition?

What are Rules (Conventions)?

Last updated April 19, 2006
Created by: Robert C. Koons
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