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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Autor principal: V. V. Ogleznev
Formato: article
Lenguaje:EN
RU
Publicado: Omsk State Technical University, Federal State Budgetary Educational Institution of Higher Education 2021
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spelling oai:doaj.org-article:bd487008a95043fcadd619949bdf8d6b2021-11-26T09:05:09ZKenneth Himma’s metaphysical conceptualism as inclusive legal positivism10.25206/2542-0488-2021-6-4-110-1182542-04882541-7983https://doaj.org/article/bd487008a95043fcadd619949bdf8d6b2021-12-01T00:00:00Zhttps://www.omgtu.ru/general_information/media_omgtu/journal_of_omsk_research_journal/files/arhiv/2021/%D0%A2.%206,%20%E2%84%96%204%20(%D0%9E%D0%98%D0%A1)/110-118%20%D0%9E%D0%B3%D0%BB%D0%B5%D0%B7%D0%BD%D0%B5%D0%B2%20%D0%92.%20%D0%92..pdfhttps://doaj.org/toc/2542-0488https://doaj.org/toc/2541-7983This 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.V. V. OgleznevOmsk State Technical University, Federal State Budgetary Educational Institution of Higher Educationarticleinclusive positivismexclusive positivismconceptual analysismetaphysicsmoralitylawhimmaHistory (General) and history of EuropeDEconomics as a scienceHB71-74NewspapersANENRUОмский научный вестник: Серия "Общество. История. Современность", Vol 6, Iss 4, Pp 110-118 (2021)
institution DOAJ
collection DOAJ
language EN
RU
topic inclusive positivism
exclusive positivism
conceptual analysis
metaphysics
morality
law
himma
History (General) and history of Europe
D
Economics as a science
HB71-74
Newspapers
AN
spellingShingle inclusive positivism
exclusive positivism
conceptual analysis
metaphysics
morality
law
himma
History (General) and history of Europe
D
Economics as a science
HB71-74
Newspapers
AN
V. V. Ogleznev
Kenneth Himma’s metaphysical conceptualism as inclusive legal positivism
description 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.
format article
author V. V. Ogleznev
author_facet V. V. Ogleznev
author_sort V. V. Ogleznev
title Kenneth Himma’s metaphysical conceptualism as inclusive legal positivism
title_short Kenneth Himma’s metaphysical conceptualism as inclusive legal positivism
title_full Kenneth Himma’s metaphysical conceptualism as inclusive legal positivism
title_fullStr Kenneth Himma’s metaphysical conceptualism as inclusive legal positivism
title_full_unstemmed Kenneth Himma’s metaphysical conceptualism as inclusive legal positivism
title_sort kenneth himma’s metaphysical conceptualism as inclusive legal positivism
publisher Omsk State Technical University, Federal State Budgetary Educational Institution of Higher Education
publishDate 2021
url https://doaj.org/article/bd487008a95043fcadd619949bdf8d6b
work_keys_str_mv AT vvogleznev kennethhimmasmetaphysicalconceptualismasinclusivelegalpositivism
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