Robert L. Johnson’s Son? The Rights of Illegitimate Heirs
As for the range argument, so removed from being a refutation of positivism, this is an entailment of it. Positivism identifies legislation, not with all legitimate causes for choice, but solely with the supply-primarily based subset of them. It is no part of the positivist claim that the rule of recognition tells us the way to decide instances, or even identifies all relevant causes for a call. The authority of principles of logic (or morality) isn’t something to be defined by legal philosophy; the authority of acts of Parliament have to be; and accounting for the difference is a central activity of the philosophy of regulation. The most influential criticisms of authorized positivism all move, in a technique or another, from the suspicion that it fails to offer morality its due.
The Ministry of Justice, in flip, submits the draft regulation … Read More