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Analytical Legal Naturalism (Paperback)
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Analytical Legal Naturalism (Paperback)
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In legal jurisprudence, the phenomenon of "hard cases" presents
itself as a dilemma between the legal positivists and the natural
law realists. Of the former, without the metaphysical underpinnings
of an objective legal or moral standard, the legal positivists
cannot supply convincing arguments to supplant the sovereign as the
origin and authority of law. The natural law realists face the
problem of justifying the natural law. Against both views, S.
Zinaich Jr. defends a middle position, Analytical Legal Naturalism
(ALN). It represents an analytic norm, both necessarily true and
known a posteriori. Against the legal positivists, it supplies an
objective legal standard by removing--at least for hard cases--the
necessity of the will of a sovereign authority. Against the natural
law realists, ALN provides a nonmoral standard which, because of
its analyticity and necessity, avoids the need for metaethical
speculation. Finally, ALN provides a standard that not only
supplies the universalizable punch to avoid political subjectivism,
but does so in a conventional manner. Thus, ALN does not require a
moral or modal reality as truth-making characteristics. Rather, it
makes what is legally valuable or disvaluable dependent upon
empirically verifiable facts that are legally relevant.
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