Inclusive Legal Positivism by W. J. WaluchowInclusive Legal Positivism by W. J. Waluchow

Inclusive Legal Positivism

byW. J. Waluchow

Hardcover | April 1, 1994

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This book develops a general theory of law - inclusive legal positivism - which seeks to remain within the tradition represented by authors such as Austin, Hart, MacCormick, and Raz, while sharing some of the virtues of both classical and modern theories of natural law, as represented byauthors such as Aquinas, Fuller, Finnis, and Dworkin. W. J. Walchow articulates and defends his own version of legal positivism, which is a refinement and development of the views of H. L. A. Hart. The author shows how inclusive legal positivism demonstrates that the existence or content of positivelaw does depend on moral considerations; and that this is consistent with legal positivism. In addition, Waluchow helps to remove the confusion which has marred current jurisprudential debates about the nature of law. He argues that these debates are often clouded by failures to appreciate that different theorists are offering different kinds of theories and attempting to answer differentquestions. He also accuses theorists, principally Ronald Dworkin, of failing to characterize opposing theories correctly.
W. J. Waluchow is an Associate Professor and Chair, Department of Philosophy at McMaster University.
Title:Inclusive Legal PositivismFormat:HardcoverDimensions:300 pages, 8.5 × 5.43 × 0.91 inPublished:April 1, 1994Publisher:Oxford University Press

The following ISBNs are associated with this title:

ISBN - 10:0198258127

ISBN - 13:9780198258124

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Editorial Reviews

`'Waluchow writes clearly and succinctly throughout...this is a very impressive book, lucidly written with assiduous regard to the complexities of opponents' arguments. As well as pointing out the fallacies in much modern legal theory, Waluchow offers many fresh insights into theories withwhich we thought we were familiar. This book is a significant addition to the ongoing debate between positivists and natural lawyers.''Mind