In legal jurisprudence, the phenomenon of “hard cases” presents itself as a dilemma between the legal positivists and the natural law realists. Of the former, without the metaphysical underpinnings of an objective legal or moral standard, the legal positivists cannot supply convincing arguments to supplant the sovereign as the origin and authority of law. The natural law realists face the problem of justifying the natural law. Against both views, S. Zinaich Jr. defends a middle position, Analytical Legal Naturalism (ALN). It represents an analytic norm, both necessarily true and known a posteriori. Against the legal positivists, it supplies an objective legal standard by removing--at least for hard cases--the necessity of the will of a sovereign authority. Against the natural law realists, ALN provides a nonmoral standard which, because of its analyticity and necessity, avoids the need for metaethical speculation. Finally, ALN provides a standard that not only supplies the universalizable punch to avoid political subjectivism, but does so in a conventional manner. Thus, ALN does not require a moral or modal reality as truth-making characteristics. Rather, it makes what is legally valuable or disvaluable dependent upon empirically verifiable facts that are legally relevant.
Analytical Legal Naturalism
Analytical Legal Naturalism
EBook
Regular price
$47.99
Sale price
$47.99
Regular price
$59.35
Unit price
/
per
Final Sale. No returns or exchanges.
Oversized: This item will be shipped by appointment through our delivery partner.
Overweight: This item will be shipped by appointment through our delivery partner.
This product requires a minimum order of 1
Digital download
Immediate access in your Kobo library
Find it in store
Out of stock
Earn 240 plum points and save more with plum Rewards. Learn more
Read this title using any of the following Kobo apps and devices:
Browser
eReaders
Tablets
iOS
Android
Listen to a sample
Overview
ENGLISH
Add to Bag
Analytical Legal Naturalism
EBook
$47.99
$59.35
1 Item Added to Bag 1 Item Added to Pickup
Analytical Legal Naturalism
EBook
$47.99
$59.35
Promotional Details
Others Also Bought
The Stonekeeper's Curse: A Graphic Novel (Amulet #2)
Kazu Kibuishi
Karen's Witch (Baby-Sitters Little Sister #1)
Ann M. Martin
Vagabond.
JILL-PATRICE CASSUTO
A Bucket of Stars
Suri Rosen
Absolutely, Positively Natty
Kuroki
Small Town Pride
Figueira Gastón 1905-
The Transatlantic Book Club: A Novel
Paulinus
Radio Silence
Ambrogioth Contarini
Previous
Next
- Published date: Jul 15, 2020
- Language: English
- Publisher: Bloomsbury Publishing
- ISBN: 9781498598804
- Dimensions:
You May Also Like
The Stonekeeper's Curse: A Graphic Novel (Amulet #2)
Kazu Kibuishi
Karen's Witch (Baby-Sitters Little Sister #1)
Ann M. Martin
Vagabond.
JILL-PATRICE CASSUTO
A Bucket of Stars
Suri Rosen
Absolutely, Positively Natty
Kuroki
Small Town Pride
Figueira Gastón 1905-
The Transatlantic Book Club: A Novel
Paulinus
Radio Silence
Ambrogioth Contarini
Previous
Next