John Gardner: 'Law as a Leap of Faith' Flashcards
1
Q
What three options does Gardner (in a Kierkegaardian way) offer to solving the Positivism vs Naturalism problem?
A
- Accept Positivism
- Accept Naturalism
- Revel in the Absurdity of Law and go beyond the legal Euthyphro Dilemma
2
Q
How does the Euthyphro Dilemma apply to law?
A
Either
Law is posited because it is valid (Naturalism)
OR it is valid because it is posited (Positivism)