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Academic
: Legal Theory BlogStone on Positivism & Utilitarianism
By Lawrence Solum
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Martin J. Stone (Yeshiva University - Benjamin N. Cardozo School of Law) has posted Positivism as Opposed to What? Law and the Moral Idea of Right on SSRN. Here is the abstract:-
I ask what a proper critical target for "legal positivism" might be. I argue that utilitarian moral theory (and more generally fully directive moral theories) are unacknowledged motivations for legal positivism. Contemporary debate about "the nature of law" is, historically speaking, much more of a footnote to utilitarianism than has been recognized.
Full post as published by Legal Theory Blog on February 25, 2010 (boomark / email).
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