{"product_id":"contemporary-non-positivism-9781009288309","title":"Contemporary Non-Positivism","description":"This Element defends and clarifies the thesis that the legality of a system of rules depends on its moral features. Positivists who deny this dependence struggle to explain: (1) the traditional classification of moral norms as a form of a priori law; (2) judicial reliance on moral norms in legal discovery; (3) persistent theoretical disagreement about intra-systemic, law-determining facts; (4) why radically arbitrary or immoral schemes of social organization represent borderline cases of law; and (5) why law, like other artifacts, can be evaluated in a kind-relative sense (\"as law\"). Meanwhile, traditional versions of non-positivism overstate the dependence going further than the desiderata warrant. A moderate theory is formulated: law is an artifact whose existence depends on adequately performing an essentially normative function. The theory's justification lies in its explanatory power: a comparison with other \"value-driven\" artifacts, such as artworks, proves vital for understanding legal language, reasoning, and practice.\u003cbr\u003e","brand":"Cambridge University Press","offers":[{"title":"Default Title","offer_id":51572131889426,"sku":"9781009288309","price":22.99,"currency_code":"USD","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0831\/4771\/8930\/files\/img_9b563ee9-5a70-4582-96eb-4d4577b07dca.jpg?v=1755853900","url":"https:\/\/surprise-castle.myshopify.com\/products\/contemporary-non-positivism-9781009288309","provider":"Surprise Castle","version":"1.0","type":"link"}