Abstract

This paper, which has been written as a contribution to a festschrift for Wil Waluchow, concentrates on the area of legal philosophy in which his finest accomplishments have occurred: namely, the area of general jurisprudence. Indeed, it concentrates more specifically on Inclusive Legal Positivism and especially on Incorporationism. Ever since the publication of Waluchow’s magisterial 1994 volume Inclusive Legal Positivism, the phrase “Inclusive Legal Positivism” has come to be the dominant designation for both of the two doctrines just mentioned. Nevertheless, I shall continue here my practice of referring to them with the separate designations which I have employed. This paper will mull over some issues that arise from my previous work on Inclusive Legal Positivism and Incorporationism, in order to amplify and refine and somewhat modify that earlier work by pondering some complexities that are not fully explored therein. Though a recent essay by Waluchow (2021) was not aimed at prompting my present meditations, that essay is in fact what has inspired them.

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