Abstract

HIMMA, Kenneth Einar. Inclusive Legal Positivism. Probl. anu. filos. teor. derecho [online]. 2014, n.8, pp.353-430. ISSN 2448-7937.

Generally speaking, legal positivism is composed of different Thesis: The Social Fact Thesis, the Conventionality Thesis and the Separability Thesis. Depending on the stance that is chosen regarding each of these Thesis, legal positivists can be either inclusive or exclusive. This article pretends to outline some of the claims that are commonly identified with inclusive legal positivism, while at the same time presenting some of the criticisms that rise from other traditions, such as exclusive legal positivists and antipositivists. Ultimately, the perspectives exposed herein are weighed in order to discern which of the theoretical claims hold up and which can be defeated by counter-arguments.

Keywords : Inclusive Legal Positivism; Exclusive Legal Positivism; Moral Criteria of Validity; Antiposivitism; Reasons for Action.