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The Model Of Plans And The Prospects For Positivism, Scott Hershovitz
The Model Of Plans And The Prospects For Positivism, Scott Hershovitz
Reviews
In Legality, Scott Shapiro builds his case for legal positivism on a simple premise: laws are plans. Recognition of that fact leads to legal positivism, Shapiro says, because the content of a plan is fixed by social facts. In this essay, I argue that Shapiro’s case for legal positivism fails. Moreover, I argue that we can learn important lessons about the prospects for positivism by attending to the ways in the argument fails. As I show, the flaws in Shapiro’s argument reveal structural problems with a family of prominent positivist views, including the one defended by Joseph Raz.
Cute Prickly Critter With Presbyopia, Don Herzog
Cute Prickly Critter With Presbyopia, Don Herzog
Reviews
Ronald Dworkin's' latest, long-awaited, and most ambitious book is a puzzle. Truth in advertising first: despite the title, this isn't centrally a book about justice. It's a book about the realm of value-all of that realm. Dworkin is most interested here in morality, but really touches on all of it, as a matter of the application of the abstract argument and sometimes in black and white right on the page, from aesthetics to prudence to morality to politics to law to . . . . It's fun to read, also frustrating. It stretches out lazily in handling some issues but …