Judging Positivism is a critical exploration of the method and
substance of legal positivism. Author Margaret Martin is primarily
concerned with the manner in which theorists who adopt the dominant
positivist paradigm ask a limited set of questions and offer an
equally limited set of answers, artificially circumscribing the
field of legal philosophy in the process. The book focuses
primarily, but not exclusively, on the writings of prominent legal
positivist Joseph Raz. Martin argues that Raz's theory has changed
over time and that these changes have led to deep inconsistencies
and incoherencies in his account. One reoccurring theme in the book
is that Razian positivism collapses from within. In the process of
defending his own position, Raz is led to support the views of many
of his main rivals, namely Ronald Dworkin, the legal realists, and
the normative positivists. The internal collapse of Razian
positivism proves to be instructive. Promising paths of inquiry
come into view and questions that have been suppressed or
marginalized by positivists re-emerge, ready for curious minds to
reflect on anew. The broader vision of jurisprudential inquiry
defended in this book re-connects philosophy with the work of
practitioners and the worries of law's subjects, bringing into
focus the relevance of legal philosophy for lawyers and laymen
alike.
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