Date of Award
6-12-2006
Degree Type
Thesis
Degree Name
Master of Arts (MA)
Department
Philosophy
First Advisor
Andrew Altman - Chair
Second Advisor
Andrew J. Cohen
Third Advisor
William Edmundson
Abstract
This thesis addresses the historic debate between natural law theorists and positivists. After providing a foundation for the debate by discussing the thirteenth century natural law theory of St. Thomas Aquinas and the criticisms of it by positivist philosopher John Austin, this thesis turns to the theory of H.L.A. Hart. My primary aim is to outline a defense of the soft positivism of H.L.A. Hart in face of the criticisms of Ronald Dworkin by appealing to two nonexclusive roots of moral principles in the law: justice and criminal law.
DOI
https://doi.org/10.57709/1059740
Recommended Citation
Diener, Keith William, "A Defense of Soft Positivism: Justice and Principle Processes." Thesis, Georgia State University, 2006.
doi: https://doi.org/10.57709/1059740