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  • 24 - Legal Positivism and Meta-Ethics

  • from Part V - Normativity and Values
  • Edited by Torben Spaak, Stockholms Universitet, Patricia Mindus, Uppsala Universitet, Sweden
  • Book:
    The Cambridge Companion to Legal Positivism
    Published online:
    21 January 2021
    Print publication:
    04 February 2021, pp 561-584

  • Summary

    Toh presents an overview of the relation between legal positivism and meta-ethical theories, arguing that philosophers of law, debating the nature of law, can gain insights from a study of meta-ethics, and that one such insight, a methodological insight, is that legal philosophers can and should follow moral philosophers and give up (what he refers to as) the double-duty presumption, that is, the presumption that theories of (the nature of) law must also give answers to the usual type of questions concerning the interpretation and application of the law.