Was Inclusive Legal Positivism Founded on a Mistake?

In this paper, I present a new argument against inclusive legal positivism. As I show, any theory which permits morality to be a condition on legality cannot account for a core feature of legal activity, namely, that it is an activity of social planning. If the aim of a legal institution is to guide the conduct of the community through plans, it would be self-defeating if the existence of these plans could only be determined through deliberation on the merits. I also argue that, insofar as inclusive legal positivism was developed as a response to Ronald Dworkin's critique of H. L. A. Hart's theory of law, it was founded on a mistake. For once we appreciate the role that planning plays in legal regulation, we will see that Dworkin's objection is based on a flawed conception of legal obligations and rights and hence does not present an objection that inclusive legal positivists were required to answer.     

The Legal Factor in a Changing Africa

The address which follows was given before a joint meeting ofthe Royal African Society and the Royal Empire Society on July22, 1955. The meeting was arranged to coincide with the Commonwealthand Empire Legal Conference, and Colonel Charles Ponson by,T.D., D.L., presided.     

VARIATION IN AFRICAN-AMERICAN HOMICIDE RATES: AN ASSESSMENT OF POTENTIAL EXPLANATIONS*

Using 1990 data for 222 metropolitan areas, this study extends the traditional variables examined in models of homicide and uses regression analysis to test the viability of three alternative theories that may explain high rates of African-American homicide victimization. The first approach examines the extent to which weak forms of social control have contributed to high homicide rates. The second approach tests the notion that discrimination and inequality have increased levels of absolute and relative deprivation for blacks, which in turn engender frustration and contribute to higher levels of violence. The third approach posits that engagement in violent activity may be a rational act for young African-American males faced with the reality of highly limited economic opportunities. While all three approaches contribute to explaining high African-American homicide, this study shows the greatest support for the social control explanation.