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Inclusive Legal Positivism

Authors: Kenneth Einar Himma;

Inclusive Legal Positivism

Abstract

While the Separability Thesis implies that there are no necessary moral criteria of legal validity, it leaves open the question of whether there are possible moral criteria of validity. Inclusive legal positivists (also known as soft positivists and incorporationists) believe there can be such criteria; that is, they believe there are conceptually possible legal systems in which the criteria for legal validity include (or incorporate) moral principles. Exclusive legal positivists (also known as hard positivists) deny there can be moral criteria of validity. Exclusive positivists claim the existence and content of law can always be determined by reference to social sources. This essay is an overview of the distinguishing commitments of positivism and inclusive positivism; it describes and evaluates some of the most influential criticisms of inclusive positivism.

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citations
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
17
Average
Top 10%
Average
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