Towards a Pragmatic Understanding of Law: Promoting Legal Positivism as a Meta-Philosophy of Law and Its Implications for Abortion Rights
- Afnaan A Qureshi
Abstract
This paper concerns the overturning of Roe v. Wade and the right to abortion. The discussion focuses on how we perceive the legal systemas a means to present legal positivism as the better alternative to natural lawtheory. The false presupposition of a moral framework in law leads to thenature of legal debate focusing on a difference in moral schemas; morality isthe strawman of our legal system.
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