Abstract

Abstract This introductory chapter distinguishes three varieties of legal positivism. Inclusive Legal Positivism maintains that a norm's consistency with some or all of the correct principles of morality can be (though need not be) a necessary condition for the norm's status as a law in any particular jurisdiction. Incorporationism maintains that a norm's correctness as a moral principle can be (though need not be) a sufficient condition for the norm's status as a law in hard cases in any particular jurisdiction. Exclusive Legal Positivism maintains that moral principles cannot enter into the law at all, either as laws or as law-ascertaining criteria.

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