Two Schools of Legal Idealism: A Positivist Introduction* 

Authors


  • * 

    I am grateful to Bev Clucas and Phil Bielby, and especially to Massimo la Torre, for their comments on a draft of this article.

  • ** 

    Abstract by Marco Goldoni.

Abstract

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.**

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