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Canadian Journal of Law & Jurisprudence
Article . 2026 . Peer-reviewed
License: CC BY
Data sources: Crossref
SSRN Electronic Journal
Article . 2024 . Peer-reviewed
Data sources: Crossref
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Against ‘Legal Facts’

Authors: Mathieu Carpentier;

Against ‘Legal Facts’

Abstract

Abstract In recent years, the controversy between legal positivists and their opponents has been reframed as a debate on whether ‘legal facts’—aka facts about the ‘content of the law’—are determined by social or moral facts. This new framing ought to be resisted, for two reasons. First, it is biased against legal positivism, by making it the default picture that the ‘content of the law’ is not a set of legal norms atomistically individuated—which is essential to positivism—but a set of ‘facts’ (“the fact that Jones legally ought to pay $35 to Smith”) which can then be grounded holistically in moral facts. Second, talk of ‘legal facts’ has been instrumental in the recent metaphysical turn in jurisprudence, especially in the growing literature on grounding and law. Jurisprudes—of all stripes—should resist it, as it impoverishes and obfuscates many important philosophical questions about law.

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selected citations
These citations are derived from selected sources.
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!
1
Average
Average
Average
hybrid