Grounding-based formulations of legal positivism |
| |
Authors: | Chilovi Samuele |
| |
Institution: | 1.Law Department, Pompeu Fabra University, Office 40.134, C/Ramon Trias Fargas, 25-27, 08005, Barcelona, Spain ; |
| |
Abstract: | The goal of this paper is to provide an accurate grounding-based formulation of positivism in the philosophy of law. I start off by discussing some simple formulations, based on the ideas that social facts are always either full or partial grounds of legal facts. I then raise a number of objections against these definitions: the full grounding proposal rules out possibilities that are compatible with positivism; the partial grounding proposal fails, on its own, to vindicate the distinctive role that is played by social facts within positivist accounts of law. Then, I present a more adequate and insightful formulation capable of solving their problems, which crucially relies on a robust notion of a social enabler. Finally, I model inclusive and exclusive positivism on the resulting template, and set out the advantages of the ground-enablers proposal. |
| |
Keywords: | |
本文献已被 SpringerLink 等数据库收录! |
|