December 15, 2016

Leiter @BrianLeiter on Legal Positivism About the Artifact Law in a Forthcoming Book on Law As Artifact @OxUniPress

Brian Leiter, University of Chicago, is publishing Legal Positivism About the Artifact Law: A Retrospective Assessment in Law as Artifact (L. Burazin et al., eds., Oxford University Press, 2017). Here is the abstract.
This paper defends legal positivism against the backdrop of the assumption that law is an artifact, not a natural kind, and that it is an artifact whose nature does not depend on the intentions of a creator. I argue that even within the constraint imposed by the metaphysics of what law is, positivism satisfies the most important theoretical desiderata, including locating law within a naturalistic worldview.

Download the essay from SSRN at the link.

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