Open AccessKenneth Himma’s metaphysical conceptualism as inclusive legal positivism
Author(s) -
Vitaly V. Ogleznev
Publication year - 2021
Publication title -
omskij naučnyj vestnik. seriâ "obŝestvo. istoriâ. sovremennostʹ"
Language(s) - English
Resource type - Journals
eISSN - 2541-7983
pISSN - 2542-0488
DOI - 10.25206/2542-0488-2021-6-4-110-118
Subject(s) - conceptualism , positivism , metaphysics , epistemology , legal positivism , morality , philosophy , legal formalism , sociology , law , legal realism , political science , legal profession , comparative law , black letter law , private law
This article is an introduction to a very original legal theory developed by a contemporary American legal scholar Kenneth Einar Himma. His theory can be conditionally called as Metaphysical Conceptualism, this fully corresponds to both his methodological approach (conceptual analysis and metaphysics of the properties of legal concepts) and the claims he defends. The analysis proposed by Himma made a great theoretical contribution to the discussion of the intersection of morality and law and brought the discussion between inclusive and exclusive legal positivism to a new qualitative level. And although his theory is not without flaws, it is certainly of serious scientific interest for understanding the current state of discussions about law and morality.