Normative (or Ethical) Positivism
Files
Description
This chapter examines the thesis that the separability of law and morality or legal judgement and moral judgement is a good thing or perhaps even indispensable from a moral, social, or political point of view. It adopts a so-called normative positivism position and suggests that the theories of Herbert Hart and Hans Kelsen qualify as versions of normative positivism even if they are not in themselves normative positions. It discusses the arguments of those who believe that positivism should be understood as a normative positive in modern jurisprudence.
Source Publication
Hart's Postscript: Essays on the Postscript to the Concept of Law
Source Editors/Authors
Jules Coleman
Publication Date
2001
Recommended Citation
Waldron, Jeremy, "Normative (or Ethical) Positivism" (2001). Faculty Chapters. 1624.
https://gretchen.law.nyu.edu/fac-chapt/1624
