Tag: Natalie Guarino


Raz’s Exclusive Positivism and Judges’ Ability to Make Law: Where Are the Limits?

By: Natalie Guarino, Georgetown University All legal positivists believe that law’s existence is a result of social facts, not normative value. Within legal positivism, there is a split between inclusive and exclusive positivists. According to inclusive positivists, although law’s existence does not depend on its merits, law can include moral principles. According to exclusive positivists, it is not possible to incorporate moral principles into law. Joseph Raz, one of the twentieth century’s most influential legal philosophers, is an exclusive positivist […]

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