Kenneth Himma’s metaphysical conceptualism as inclusive legal positivism

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DOI:

https://doi.org/10.25206/2542-0488-2021-6-4-110-118

Keywords:

inclusive positivism, exclusive positivism, conceptual analysis, metaphysics, morality, law, Himma

Abstract

This article is an introduction to a very original legal theory developed by a contemporary American legal scholar Kenneth Einar Himma. His theory can be conditionally called as Metaphysical Conceptualism, this fully corresponds to both his methodological approach (conceptual analysis and metaphysics of the properties of legal concepts) and the claims he defends. The analysis proposed by Himma made a great theoretical contribution to the discussion of the intersection of morality and law and brought the discussion between inclusive and exclusive legal positivism to a new qualitative level. And although his theory is not without flaws, it is certainly of serious scientific interest for understanding the current state of discussions about law and morality.

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Author Biography

Vitaliy Vasilyevich Ogleznev, Saint Petersburg State University, Saint Petersburg, Russia

Doctor of Philosophical Sciences, Professor of Theory and History of the State and Law Department, Saint Petersburg State University, St. Petersburg; Professor of History, Philosophy and Logic Department at Faculty of Philosophy, National Research Tomsk State University, Tomsk.

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Published

2021-12-03

How to Cite

Ogleznev В. В. (2021). Kenneth Himma’s metaphysical conceptualism as inclusive legal positivism. Omsk Scientific Bulletin. Series Society. History. Modernity, 6(4), 110–118. https://doi.org/10.25206/2542-0488-2021-6-4-110-118

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Section

Philosophy

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