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Laws, Plans and Intelligibility: Defending Legal Positivism

Lee, Jing Yan; (2018) Laws, Plans and Intelligibility: Defending Legal Positivism. UCL Journal of Law and Jurisprudence , 7 (2) pp. 25-51. 10.14324/111.2052-1871.104. Green open access

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Abstract

The debate between legal positivists and antipositivists has progressed to new points of contention. In recent years, a new positivistic theory of law has been put forth by Scott J. Shapiro, called ‘The Planning Theory of Law’. This paper aims to demonstrate how the Planning Theory is able to withstand a powerful antipositivistic objection by Mark Greenberg that social facts, by themselves, are incapable of grounding legal facts in an intelligible manner. Building on David Plunkett’s reply to Mark Greenberg in ‘A Positivist Route for Explaining How Facts Make Law’ (2012), this paper demonstrates how conceptual facts provided to us by the Planning Theory are able to account for the intelligible and reason-based manner in which social facts ground legal facts, thereby creating law without appealing to value facts or morality

Type: Article
Title: Laws, Plans and Intelligibility: Defending Legal Positivism
Open access status: An open access version is available from UCL Discovery
DOI: 10.14324/111.2052-1871.104
Language: English
Additional information: © 2018, The Author(s). This is an Open Access article distributed under the terms of the Creative Commons Attribution License (CC-BY) 4.0 https://creativecommons.org/licenses/by/4.0/ which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited.
URI: http://discovery.ucl.ac.uk/id/eprint/10061331
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