Legality Shapiro Scott J.
Legality is a profound work in analytical jurisprudence, the branch of legal philosophy which deals with metaphysical questions about the law. The first and most prominent is legal positivism, which draws a sharp distinction between law as it is and law as it might be or ought to… Celý popis ↓
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Popis Legality Shapiro Scott J.
Legality Shapiro Scott J.
Legality is a profound work in analytical jurisprudence, the branch of legal philosophy which deals with metaphysical questions about the law. The first and most prominent is legal positivism, which draws a sharp distinction between law as it is and law as it might be or ought to be. In the twentieth century, there have been two major approaches to the nature of law.
Scott Shapiro is a positivist, but one who tries to bridge the differences between the two approaches. The second are theories that view law as embedded in a moral framework. In Legality, he shows how law can be thought of as a set of plans to achieve complex human goals.
His new "planning" theory of law is a way to solve the "possibility problem", which is the problem of how law can be authoritative without referring to higher laws.
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