I am grateful to Bev Clucas and Phil Bielby, and especially to Massimo la Torre, for their comments on a draft of this article.
Two Schools of Legal Idealism: A Positivist Introduction*
Article first published online: 8 JUN 2006
Volume 19, Issue 2, pages 127–140, June 2006
How to Cite
WARD, T. (2006), Two Schools of Legal Idealism: A Positivist Introduction. Ratio Juris, 19: 127–140. doi: 10.1111/j.1467-9337.2006.00320.x
Abstract by Marco Goldoni.
- Issue published online: 8 JUN 2006
- Article first published online: 8 JUN 2006
Abstract. The author focuses his attention on two schools of legal idealism: the so-called Sheffield School and the “discourse ethics” school. In order to emphasize the valuable facets of each school, the author analyzes four different points: (1) the claim to correctness as a necessary feature of law, (2) the connection between correctness and validity, (3) the qualifying or classifying status of this connection, (4) and the desirability of adopting the “Radbruch’s Formula.” Finally, the author analyzes the weaknesses of each theory.‡