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On Emad Atiq's Inclusive Anti-positivism

Woodbury-Smith, Kara

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Abstract

In this discussion of Emad Atiq's article "There are No Easy Counterexamples to Legal Anti-Positivism" I pose three challenges to his construction of an Inclusive Anti-positivism. I firstly argue that, contra Atiq, the moral facts that both ground IAP and allow it to satisfy the extensional challenge are sometimes reducible to social facts. In Section II, I briefly discuss internal- and external-to-practice appraisals of legal norms. Finally, in Section III, I touch upon the divergent explanations of legal normativity IAP and positivism offer.

Citation

Woodbury-Smith, K. (2021). On Emad Atiq's Inclusive Anti-positivism. Journal of ethics & social philosophy, 20(2), 211-219. https://doi.org/10.26556/jesp.v20i2.1382

Journal Article Type Article
Acceptance Date Feb 27, 2021
Online Publication Date Aug 13, 2021
Publication Date 2021
Deposit Date Aug 25, 2021
Publicly Available Date Aug 25, 2021
Journal Journal of ethics & social philosophy
Publisher University of Southern California
Peer Reviewed Peer Reviewed
Volume 20
Issue 2
Pages 211-219
DOI https://doi.org/10.26556/jesp.v20i2.1382

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