| Special Workshop Title: | Legal Positivism after Hart and Dworkin |
| Author: | Leslie Green, York University, Toronto |
| Paper Title: | The Inseparability of Law and Morality: A Positivist Account |
| Abstract: | Are there really no necessary connections between law and morality, as Hart and others claim? Some positivists argue for necessary derivative connections between law and morality, for example, along Hobbesian lines. This paper argues that there are necessary non-derivative connections between law and morality, that these connections are consistent with law being wholly source-based, and consistent with the moral fallibility of law. The ‘separability thesis,’ then, mischaracterizes legal positivism. |
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