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Florida State University Law Review

1989

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Full-Text Articles in Jurisprudence

In Defense Of Modern Legal Positivism, Peter Mirfield Apr 1989

In Defense Of Modern Legal Positivism, Peter Mirfield

Florida State University Law Review

Professor Mirfield uses the example of a recent casebook to show that the process of excerpting passages from various writings about jurisprudence as a method of introducing the study of jurisprudence has very grave dangers attached to ti. These dangers are demonstrated by "The World of Rules: The Jurisprudence of Positivism," a chapter of Michael Reisman and Aaron M. Schreiber's Understanding and Shaping Law. Professor Mirfield contends that Reisman and Schreiber's presentation of positivism is complete and is, in places, framed with inaccurate summaries and characterizations.