A Defence of Post-Positivism

Thomas Bustamante

Research output: Contribution to journalArticle

Abstract

This paper identifies the main features of post-positivism, which is presented as a sound alternative to the “positivism versus natural law” debate. Post-positivism is constituted by a set of meta-theoretical and theoretical theses. Among the former we can include the assertion that there can be no purely descriptive theory of law, since jurisprudence must provide an answer to the problems of justification that are likely to arise in legal practice, and the claim that legal theory is able to vindicate a normative theory of legal argumentation. The theoretical theses, on the other hand, are the claims that there is a legal obligation to decide legal disputes in a morally correct way and that there are substantial limits to the validity of a law.
Original languageEnglish
Pages (from-to)229-249
Number of pages21
JournalAnalisi e Diritto 2008 - Ricerche di giurisprudenza analitica
Volume2008
Publication statusPublished - 31 Dec 2008

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