TY - JOUR
T1 - Pigs and Positivism
T2 - Between Jurisprudence and Politics
AU - Kreitner, Roy
N1 - Publisher Copyright:
© 2019 American Bar Foundation.
PY - 2019/1/1
Y1 - 2019/1/1
N2 - Hendrick Hartog's Pigs and Positivism is well known as an investigation of legal pluralism. The legal pluralism angle of the article focuses on the multiplicity of legal sources. In that sense, it reads positivism through the sources thesis: the idea that only those social facts recognized by the legal system as sources of law can exert an impact on the validity of a legal norm. This Essay highlights a different aspect of the article, which is the "definition of law as an arena of conflict within which alternative social visions contended, bargained, and survived". Crucially, the alternative social visions at stake have different roles for the law itself. In other words, the conflict is not limited to a particular social arrangement (will there or won't there be pigs on the streets); it is at least in part a conflict over the question of how law will fit into social conflict, or politics.
AB - Hendrick Hartog's Pigs and Positivism is well known as an investigation of legal pluralism. The legal pluralism angle of the article focuses on the multiplicity of legal sources. In that sense, it reads positivism through the sources thesis: the idea that only those social facts recognized by the legal system as sources of law can exert an impact on the validity of a legal norm. This Essay highlights a different aspect of the article, which is the "definition of law as an arena of conflict within which alternative social visions contended, bargained, and survived". Crucially, the alternative social visions at stake have different roles for the law itself. In other words, the conflict is not limited to a particular social arrangement (will there or won't there be pigs on the streets); it is at least in part a conflict over the question of how law will fit into social conflict, or politics.
UR - http://www.scopus.com/inward/record.url?scp=85080854338&partnerID=8YFLogxK
U2 - 10.1017/lsi.2019.16
DO - 10.1017/lsi.2019.16
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AN - SCOPUS:85080854338
SN - 0897-6546
VL - 44
SP - 498
EP - 504
JO - Law and Social Inquiry
JF - Law and Social Inquiry
IS - 2
ER -