Premium
Two Schools of Legal Idealism: A Positivist Introduction *
Author(s) -
WARD TONY
Publication year - 2006
Publication title -
ratio juris
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.344
H-Index - 10
eISSN - 1467-9337
pISSN - 0952-1917
DOI - 10.1111/j.1467-9337.2006.00320.x
Subject(s) - correctness , idealism , positivism , connection (principal bundle) , order (exchange) , epistemology , sociology , legal positivism , strengths and weaknesses , law , legal realism , political science , computer science , philosophy , legal research , mathematics , economics , algorithm , geometry , finance
. 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. **