John Gardner: 'Law as a Leap of Faith' Flashcards

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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
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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)

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