{"product_id":"contemporary-nonpositivism-9781009288309","title":"Contemporary NonPositivism","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003eThis Element defends and clarifies the thesis that the legality of a system of rules depends on its moral features. Positivists who deny this dependence struggle to explain: (1) the traditional classification of moral norms as a form of a priori law; (2) judicial reliance on moral norms in legal discovery; (3) persistent theoretical disagreement about intra-systemic, law-determining facts; (4) why radically arbitrary or immoral schemes of social organization represent borderline cases of law; and (5) why law, like other artifacts, can be evaluated in a kind-relative sense (?as law?). Meanwhile, traditional versions of non-positivism overstate the dependence going further than the desiderata warrant. A moderate theory is formulated: law is an artifact whose existence depends on adequately performing an essentially normative function. The theory''s justification lies in its explanatory power: a comparison with other ?value-driven? artifacts, such as artworks, proves vital for understanding legal language, reasoning, and practice.","brand":"Cambridge University Press","offers":[{"title":"Default Title","offer_id":51018610934103,"sku":"9781009288309","price":17.0,"currency_code":"GBP","in_stock":true}],"url":"https:\/\/bookcurl.com\/products\/contemporary-nonpositivism-9781009288309","provider":"Book Curl","version":"1.0","type":"link"}