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Article
Planning Positivism and Planning Natural Law
Canadian Journal of Law & Jurisprudence
  • Martin J. Stone, Benjamin N. Cardozo School of Law
Publication Date
1-1-2012
Abstract

Scott Shapiro offers an elaboration and defense of “legal positivism,” in which the official acceptance of a plan figures as the central explanatory notion. Rich in both ambition and insight, Legality casts an edifying new light on the structure of positive law and its officialdom. As a defense of positivism, however, it exhibits the odd feature that its main claims will prove quite acceptable to the natural lawyer. Perhaps this betokens – what many have begun to suspect anyway – that our usual tests for classifying legal theories (as positivist or not) are, in the present state of discussion, no longer credible. In any case, my hope in the following remarks is to suggest how certain ambiguities in Legality might easily be resolved in favor of Planning Natural Law. The Planning Theory of Law, in other words, is not proprietary to positivism.

Publisher
Western University, Cambridge University Press
DOI
https://doi.org/10.1017/S0841820900005427
Keywords
  • Shapiro,
  • planning,
  • positivism,
  • natural law,
  • forms of generality,
  • utilitarianism,
  • Kant,
  • analytic jurisprudence,
  • morality
Disciplines
Comments

3 Critical Notices

Citation Information
Martin J. Stone. "Planning Positivism and Planning Natural Law" Canadian Journal of Law & Jurisprudence Vol. 25 (2012) p. 219
Available at: http://works.bepress.com/martin-stone/17/