This chapter discusses a key methodological assumption of contemporary legal positivism: that the philosophy of law proceeds by the method of ‘conceptual analysis,’ a technique that identifies the necessary conceptual properties of law. We make the case that there is no good reason to believe in any such method, nor its claims to be uncovering ‘conceptual’ truths about the law.
CITATION STYLE
Kaufman, W. R. P. (2023). Conceptual Analysis in Legal Positivism. In Law and Philosophy Library (Vol. 143, pp. 27–52). Springer Science and Business Media B.V. https://doi.org/10.1007/978-3-031-43868-4_2
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