Law as justice? Rawlsian foundations of non-positivism
Law as justice? Rawlsian foundations of non-positivism

Summary/Abstract: Background: This paper offers an interpretation of John Rawls’s philosophy as applied to jurisprudence. Research purpose: The purpose is to interpret the ideal of the original position as a device of non-positivist jurisprudence, which help us to better understand the theoretical bond between justice and law, as well as make a case for non-positivism. Methods: Analytical jurisprudence, conceptual analysis, reflective equilibrium Conclusions: The paper argues that Rawlsian original position can be applied in constructing a non-positivist conception of law, and that within the Rawlsian scheme moral considerations are indispensable when determining legal validity.

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