Keywords

rule of law, legal positivism, separation of law and morals, natural law, American founding, convention, conventionalism, principles of rule of law, morality and law

Abstract

The classic opposition of legal positivism and natural law theory resurfaces continually and reminds us that we have yet to resolve this key conflict in our ways of understanding the moral authority of law. The strengths and weaknesses of the two theories are reviewed—both have fatal flaws. Conventionalism is proposed as a means of finding internal standards in a man-made system of law. The naturally emerging standards for a conventionalist system of law turn out to be the already familiar principles of the rule of law.

Document Type

Working Paper

Publication Date

1986-11-28

Permanent URL

http://hdl.lib.byu.edu/1877/3386

Language

English

College

Family, Home, and Social Sciences

Department

Political Science

University Standing at Time of Publication

Full Professor

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