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Legal Principles and Legal Positivism

  • Genaro R. Carrió
Part of the Synthese Library book series (SYLI, volume 172)

Abstract

The main purpose of this article is to question the soundness of a recent attack on legal positivism launched by Professor Ronald M. Dworkin in his essay “Is law a system of rules?”1 I do not think any preliminary explanation of the strategy of my argument is necessary except for my use of a model taken from the rules of a game. I am aware of the important differences existing between legal norms and rules of games. But in spite of these differences law, as a normative structure, shares some problematic features with other normative structures, those of games included, and the following non-legal model does, I think, throw light on some of the main issues discussed later.

Keywords

Variable Standard Specific Rule Legal Order Legal Norm Legal Principle 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

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References

  1. 3.
    Cf. Lon L. Fuller, The Morality of Law, ch. II ( New Haven: Yale Univ. Press, 1964 ).Google Scholar

Copyright information

© D. Reidel Publishing Company 1984

Authors and Affiliations

  • Genaro R. Carrió

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