What Can Plans Do for Legal Theory?

Celano, Bruno

doi:10.2139/ssrn.1745507

Cited by 2 publications

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“…See, for instance, Coleman , , who roots the idea that law produces genuine (i.e., non‐moral) reasons for action on the concept of convention, or of “Shared Cooperative Activity” (for critical assessment, see Bix ; Schauer ; Celano ; Christiano and Sciaraffa ; Schiavello ); and Shapiro , who grounds the normativity of law on the concept of “plan” (for critical assessment, see Celano ).…”

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Positivism, Legal Validity, and the Separation of Law and Morals

Pino

2014

Ratio Juris

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The essay discusses the import of the separability thesis both for legal positivism and for contemporary legal practice. First, the place of the separability thesis in legal positivism will be explored, distinguishing between “standard positivism” and “post-Hartian positivism.” Then I will consider various kinds of relations between law and morality that are worthy of jurisprudential interest, and explore, from a positivist point of view, what kind of relations between law and morality must be rejected, what kind of such relations should be taken into account, and what kind of such relations are indeed of no import at all. The upshot of this analysis consists in highlighting the distinction between two different dimensions of legal validity (formal validity and material validity respectively), and in pointing out that the positivist separability thesis can apply to formal validity only. On the other hand, when the ascertainment of material validity is at stake, some form of moral reasoning may well be involved (here and now, it is necessarily involved). The essay concludes with some brief remarks on the persisting importance of the positivist jurisprudential project

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confidence: 99%

Positivism, Legal Validity, and the Separation of Law and Morals

Pino

2014

Ratio Juris

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“…Para os presentes propósitos, utilizarei uma concepção bastante ampla e inclusiva de prática social, segundo a qual esta é um conjunto de recorrentes ações intencionais coletivas. 14 Há também vários outros tipos de 13 SCHAUER, 2010, p. 120, TAMANAHA, 2013 (agradeço a Brian Tamanaha por me permitir ler e citar o seu artigo não publicado, CELANO, 2013, p. 129, MURPHY, 2011, p. 369, WALDRON, 2011, pp. 883-902 e EDMUNDSON, 2011 14 Para um conceito amplo semelhante de prática social, cf.…”

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Austin, Hart, and Shapiro: Three Variations on Law as an Entity Grounded in a Social Practice

Bernal

2013

Rechtstheorie

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What Can Plans Do for Legal Theory?

Cited by 2 publications

References 9 publications

Positivism, Legal Validity, and the Separation of Law and Morals

Positivism, Legal Validity, and the Separation of Law and Morals

Austin, Hart, and Shapiro: Three Variations on Law as an Entity Grounded in a Social Practice

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