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Javier Gallego1,2

  • 1University College, Oxford.

Oxford Journal of Legal Studies
|June 8, 2023
PubMed
Summary
This summary is machine-generated.

This study explores how unjust laws reveal legal authority, analyzing David Dyzenhaus's legal positivism. It examines the judicial role in upholding legal principles, even amidst challenging legal and ethical debates.

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Area of Science:

  • Jurisprudence
  • Legal Philosophy

Background:

  • The article critically engages with David Dyzenhaus's "The Long Arc of Legality."
  • It focuses on the central argument concerning "very unjust laws" and their role in understanding legal authority.

Purpose of the Study:

  • To analyze Dyzenhaus's jurisprudential arguments on law's authority.
  • To evaluate his normative proposal, a form of legal positivism incorporating Lon Fuller's principles of internal morality.
  • To assess the proposed judicial role in applying these principles.

Main Methods:

  • Conceptual analysis of legal theory.
  • Examination of jurisprudential arguments.
  • Critical evaluation of legal positivism and anti-positivism.

Main Results:

Keywords:
legal positivismlegal theorylegalityrule of lawunjust law

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  • The study scrutinizes Dyzenhaus's claim that unjust laws are key to understanding legal authority.
  • It analyzes a legal positivist framework integrating Fuller's internal morality and a specific judicial duty.
  • Doubts are raised about the practical implementation of the proposed judicial function.

Conclusions:

  • Dyzenhaus's work offers a significant refinement of legal positivism's identity.
  • The analysis contributes to the ongoing debate between legal positivism and contemporary anti-positivism.
  • The article ultimately commends Dyzenhaus's contribution to legal philosophy.