Analytical Legal Naturalism (Paperback)

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.

General

Imprint:	Lexington Books
Country of origin:	United States
Release date:	December 2021
Authors:	S. Zinaich
Dimensions:	230 x 154 x 15mm (L x W x T)
Format:	Paperback
Pages:	206
ISBN-13:	978-1-4985-9881-1
Categories:	Books > Social sciences > Politics & government > Political science & theory Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law Books > Humanities > Philosophy > Topics in philosophy > Social & political philosophy Books > Philosophy > Topics in philosophy > Social & political philosophy Promotions
LSN:	1-4985-9881-1
Barcode:	9781498598811

Is the information for this product incomplete, wrong or inappropriate? Let us know about it.

Does this product have an incorrect or missing image? Send us a new image.

Is this product missing categories? Add more categories.

Review This Product

No reviews yet - be the first to create one!