Judging Positivism (Hardcover)

1. Setting the Stage: Practical Reason and Norms Reconsidered I. Practical Reason and Norms and Exclusionary Reasons II. Exclusionary Reasons and the Legal Sphere: Issues of Method and Substance III. Between Chaos and Order: Judges as Wielders of Our Collective Fate IV. Common Law Systems: A Counter-Example 2. Between Fact and Value I. The Sources Thesis Defined and Defended II. Raz's Rule-Plus-Exception Model III. Casting Law in a New Light IV. Identifying Rules: A Herculean Task V. Between Fact and Value 3. The Perils of Positivism: Why Raz becomes a Realist I. Law's Autonomy Considered and Reconsidered II. Legal Rights and Legal Realism III. Back to the Settled Core IV. Law's Claim to Authority: Raz's Way Out? V. A Story about Law and Order Retold 4. Raz's The Morality of Freedom: Two Models of Authority I. Raz's Focal Concept of Authority II. The Analogy of the Arbitrator: From Consent to Normal Justification III. Pre-emption versus Normal Justification: Seeking Coherence IV. Methodology: The Source of the Tension? V. Co-ordination Problems and Razian Authority 5. Law as Public Practical Reasons Revisited I. The Sources Thesis: Defined and Redefined II. Sources, Certainty, and Public Practical Reasons III. The Weak Autonomy Thesis IV. The Sources Thesis and Interpretation: Nuance or Nuisance? V. Why Reason like Raz? VI. Law and Order: Some Reflections on Method 6. The Path Not Taken I. Hart and the Internal Aspect of Rules II. A Little Help from Holmes III. Between Chaos and Legality: The Sources of Certainty IV. Content Matters V. Is Law Merely Conventional? 7. The Raz-Postema Debate Deconstructed Law as Public Practical Reason: Raz versus Postema A. Law's Ultimate Aspiration is Justice B. Law's Overarching Function C. The Autonomy Thesis D. The Limited Domain Thesis E. The Argument from Co-operation F. Methodology and Law's Importance G. The Relationship between the Pre-emption Thesis and the Sources Thesis H. The Certainty Thesis I. The Sources Thesis J. The Pre-emption Thesis