Abstract

Whereas the non-positivist theory of legal content holds that evaluative considerations are fundamental determinants of a legal system’s laws, the positivist theory of legal content holds that they are not and that social facts are the only fundamental determinants of a legal system’s laws. Here, I offer a defense of a non-positivist theory of legal content that relies upon the Hartian theory of a legal system. The Hartian theory of a legal …