This book develops a general philosophical theory about the nature of law and its relationship with morality called inclusive legal positivism. In addition to articulating and defending his own version of legal positivism, which is a refinement and development of the views of H.L.A. Hart as expressed in his classic book The Concept of Law, the author clarifies the terms of current jurisprudential debates about the nature of law. These debates are often clouded by failures to appreciate that different theorists are offering different kinds of theories and attempting to answer different questions. The clarity of Waluchow's work will help to remove the confusion often present in jurisprudential debate.
Related books and articles
The Autonomy of Law: Essays on Legal Positivism By Robert P. George Oxford University Press, 1999
Reductionist Legal Positivism in International Law By d'Aspremont, Jean Proceedings of the Annual Meeting-American Society of International Law, Vol. 106, Annual 2012
What Useful Role (If Any) Could Legal Positivism Play in the Study or Advancement of International Law? By Sellers, Mortimer N. S. Proceedings of the Annual Meeting-American Society of International Law, Vol. 106, Annual 2012
Beheading the Hydra: Legal Positivism and Development By Pahuja, Sundhya Law, Social Justice and Global Development Journal, Annual 2007
Peer-reviewed publications on Questia are publications containing articles which were subject to evaluation for accuracy and substance by professional peers of the article's author(s).
The Struggle against Positivism By Boyte, Harry C. Academe, Vol. 86, No. 4, July/August 2000
Elena Kagan: High Priestess of the Regulatory State: Contrary to Oft-Heard Claims, There Is Plenty of Material Available That Attests to the Type of Supreme Court Justice Elena Kagan Would Make - and Most of It Is Worrisome By Hession, Gregory A. The New American, Vol. 26, No. 15, July 19, 2010
Ronald Dworkin Dec. 11, 1931 -- Feb. 14, 2013 Novel Legal Thinker Respected for Constitution Interpretation By Schudel, Matt Pittsburgh Post-Gazette (Pittsburgh, PA), February 17, 2013
The Pope on Conscience, Reason By Lott, Jeremy The Washington Times (Washington, DC), May 20, 2007