Cambridge Legal Theory Discussion Group (CLTDG): 'The Domain of Criminalization Theory'

Speaker: Mark Dsouza (UCL)

The Paper: https://bit.ly/cltdg-dsouza-draft

The Zoom link: https://bit.ly/easter2023-1

Everyone is welcome to attend!

The Zoom link: https://bit.ly/cltdg2022mt4

The Paper: https://bit.ly/myarompaper

Abstract: It is a fundamental tenet of modern positivist thought that law guides the behavior of its subjects. It is also a longstanding commitment of positivism that coherence plays no part in a theory of law. This article argues that these two commitments are in tension. After clarifying the relevant conception of coherence for the discussion it tackles the more serious challenge for coherence theories: That they cannot be reconciled with the authoritative nature of law. By drawing on the complexity of guiding behavior, the article demonstrates that a minimal notion of coherence is necessary for any theory of authority. It is thus seen that positivism must either admit substantive coherence into its concept of law, or significantly water down its claims that the law guides the behavior of subjects.

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