Abstract

In this paper I maintain that Guastini makes four reductions, and put forward my criticism to them. He reduces: (i) any value-free approach to law to the so-called methodological positivism; (ii) the legal positivism itself to the so-called methodological positivism; (iii) non-speculative legal philosophers to jurists; and (iv) all the realist legal philosophers to (methodological) positivists. My criticism is developed in sections 3b, 3a, 1, and 3c, respectively.