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- Title
The Ambiguity of Force.
- Authors
Dyzenhaus, David
- Abstract
The author argues that Schauer's understanding of appropriate empiricism and relatedly what he wishes to take from the positivist classics might have an even more reductive impact on legal philosophical inquiry than the legal positivist quest (which Schauer rejects) to confine such inquiry to a search for necessary and sufficient conditions. The argument is based on the example of the legal order of the Arab territories occupied by Israel. In the author's view, this legal order is very close to what Schauer regards as the normal case of a properly functioning legal order and in its closeness one can discern the flaws in his argument.
- Subjects
VIOLENCE (Law); SCHAUER, Fred; FORCE of Law, The (Book : Schauer); LEGAL positivism; POSITIVIST ethics
- Publication
Ratio Juris, 2016, Vol 29, Issue 3, p323
- ISSN
0952-1917
- Publication type
Article
- DOI
10.1111/raju.12130