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Norm and Nature – The Movements of Legal Thought - Oxford Scholarship Online
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Norm and Nature: The Movements of Legal Thought

Roger A. Shiner

Abstract

This book deals with the traditional conflict in legal philosophy between positivistic and anti-positivistic theories of law. It examines the conflict with respect to seven central issues in legal philosophy: law as a reason for action, law and authority, the internal point of view to law, the acceptance of law, discretion and principle, interpretation and semantics, and law and the common good. It has three theses. Firstly, that the opposition to positivism is based on acceptance of, rather than rejection of, claims made by positivism. Secondly, that the conflict between positivism and anti-p ... More

Keywords: conflict, legal philosophy, positivism, anti-positivistic law, natural law

Bibliographic Information

Print publication date: 1992 Print ISBN-13: 9780198257196
Published to Oxford Scholarship Online: March 2012 DOI:10.1093/acprof:oso/9780198257196.001.0001

Authors

Affiliations are at time of print publication.

Roger A. Shiner, author
University of Alberta