Title: Planning Positivism and Planning Natural Law
Abstract: This paper, forthcoming in the Canadian Journal of Law and Jurisprudence, is a comment on Scott Shapiro's book Legality. I argue that Shapiro's planning theory of is not proprietary to legal positivism. Indeed, there is reason to think that the Planning Theory would thrive best in a natural law context. In the second part of the paper, I comment on a methodological commitment -- one sometimes regarded as quite innocent by practitioners of analytic jurisprudence -- which impedes such a natural law possibility from coming into view. The structure of a natural law theory is analyzed here in terms of a logically distinctive form of generality.
Publication Year: 2012
Publication Date: 2012-01-09
Language: en
Type: article
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Cited By Count: 1
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