Joseph Raz has argued against the inclusive or "soft" version of this position because it misconstrues the nature of authority.
Joseph Raz has argued against the inclusive or "soft" version of this position because it misconstrues the nature of authority. One proponent of this position argued that this position's subjects have a core and a penumbra in order to dodge a critique launched by Lon L. Fuller. A book written to defend this position described the importance of a secondary "rule of recognition" that would serve as a test of validity. Ronald Dworkin attacked this position on the grounds that standards about obligations do not function as rules in "The Model of Rules." This position was first represented by John Austin's claim that law is a command backed by threat of force. For 10 points, name this perspective that holds that legal validity is a social fact that is separate from morality, notably defended in H. L. A. Hart's The Concept of Law.
Joseph Raz has argued against the inclusive or "soft" version of this position because it misconstrues the nature of authority.
legal positivism