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On Emad Atiq's Inclusive Anti-positivism

Woodbury-Smith, Kara (2021) 'On Emad Atiq's Inclusive Anti-positivism.', Journal of ethics and social philosophy., 20 (2). pp. 211-219.

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.

Item Type:Article
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Available under License - Creative Commons Attribution Non-commercial No Derivatives 4.0.
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Status:Peer-reviewed
Publisher Web site:https://doi.org/10.26556/jesp.v20i2.1382
Publisher statement:This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
Date accepted:27 February 2021
Date deposited:25 August 2021
Date of first online publication:13 August 2021
Date first made open access:25 August 2021

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