Dalhousie Law Journal


legal positivism, legal theory, jurisprudence, legal education


Legal positivism is a curious phenomenon in both its theoretical and sociological parts. It is curious as theory because its very existence, as theory, is often questioned, and because, even when its existence is admitted, the nature of the theory, and who does and does not qualify as an adherent most often remains in dispute. It is curious sociologically because rare is the legal theoretician who forthrightly endorses positivism: positivists, it would appear, are as scarce as the formalists among whom they used to be numbered.