ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Academic Blogs -> Legal Theory Blog

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Academic

: Legal Theory Blog

Toh on the Social Fact Thesis

By Lawrence Solum

ADVERTISEMENTS
Kevin Toh (University of Texas Law School) has posted An Argument Against the Social Fact Thesis (and Some Additional Preliminary Steps Towards a New Conception of Legal Positivism) on SSRN. Here is the abstract:
    According to the view almost universally accepted by legal philosophers, what distinguishes legal positivism from other legal theories is its commitment to the so-called social fact thesis. According to that thesis, the existence of a law, or the legal validity of a norm, is ultimately a matter of some facts about the psychology and/or behavior of a group of people. I argue in this paper that once we take seriously the normative nature of internal legal judgments, we come to realize that the social fact thesis (at least as commonly formulated) is incorrect. In making internal legal judgments, we commit to act according to some norms or principles. It follows that the existence of a law or the legal validity of a norm is ultimately a normative, rather than a factual, matter. Instead of concluding that legal positivism should be rejected in favor of some alternative legal theory, I conclude that the standard way of conceiving legal positivism should be rejected in favor of a more plausible conception.
Highly recommended!

Full post as published by Legal Theory Blog on August 03, 2010 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.002 secs (from cache 11/06/26 03:29:30)