Kenneth Himma’s metaphysical conceptualism as inclusive legal positivism
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 metaphy...
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| Formato: | article |
| Lenguaje: | EN RU |
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Omsk State Technical University, Federal State Budgetary Educational Institution of Higher Education
2021
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| Materias: | |
| Acceso en línea: | https://doaj.org/article/bd487008a95043fcadd619949bdf8d6b |
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| Sumario: | 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. |
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