DISCUSSION
On Emad Atiq’s Inclusive Anti-Positivism
Volume 20, Number 2, August 2021, Pages 211–219
PDFAbstract
In this discussion of Emad Atiq’s article “There are No Easy Counterexamples to Legal Anti-Positivism,” I pose three challenges to his construction of an Inclusive Anti-positivism (iap). I firstly argue that, contra Atiq, the moral facts that both ground iap and allow it to satisfy the extensional challenge are sometimes reducible to social facts. In Section ii, I briefly discuss internal- and external-to-practice appraisals of legal norms. Finally, in Section iii, I touch upon the divergent explanations of legal normativity iap and positivism offer.
Copyright © 2021 Kara Woodbury-Smith
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International license.
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