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Article
Redrawing the Dividing Lines Between Natural Law and Positivism(s)
Journal Articles
  • Jeffrey Pojanowski, Notre Dame Law School
Document Type
Article
Publication Date
5-13-2015
Disciplines
Publication Information
101 Va. L. Rev. 1023 (2015)
Abstract
Anglo-American jurisprudence, before it insulated itself in conceptual analysis and defined itself in opposition to broader questions, was properly a “sociable science,” to use Professor Postema’s phrase from his symposium article. And, in part due to the exemplars of history, so it may become again. By drawing on Bentham and Hobbes, Professor Dan Priel’s Toward Classical Positivism points forward toward more fruitful methods of jurisprudence while illuminating the recent history and current state of inquiry. His article demonstrates the virtues and promise of a more catholic approach to jurisprudence. It also raises challenging questions about the direction to take this rediscovered path, and I am not sure I always agree with his suggested answers. Any misgivings I have about Priel’s particular approach, however, do not diminish my appreciation; I find even the points of disagreement to be live and meaningful, and that itself is refreshing.
Citation Information
Jeffrey Pojanowski. "Redrawing the Dividing Lines Between Natural Law and Positivism(s)" (2015)
Available at: http://works.bepress.com/jeffrey_a_pojanowski/5/