Type of Document Master's Thesis Author Diener, Keith William Author's Email Address kdiener1@student.gsu.edu URN etd-04172006-125357 Title A Defense of Soft Positivism: Justice and Principle Processes Degree Master of Arts Department Philosophy Advisory Committee
Advisor Name Title Andrew Altman Committee Chair Andrew J. Cohen Committee Member William Edmundson Committee Member Keywords
- Positivism
- Soft Positivism
- H.L.A. Hart
- Ronald Dworkin
- Natural Law Theory
- St. Thomas Aquinas
- Justice
- John Austin
- Criminal Law
Date of Defense 2006-04-12 Availability unrestricted Abstract This thesis addresses the historic debate between natural law theorists and positivists. After providing a foundation for the debate by discussing the thirteenth century natural law theory of St. Thomas Aquinas and the criticisms of it by positivist philosopher John Austin, this thesis turns to the theory of H.L.A. Hart. My primary aim is to outline a defense of the soft positivism of H.L.A. Hart in face of the criticisms of Ronald Dworkin by appealing to two nonexclusive roots of moral principles in the law: justice and criminal law.Files
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