John Austin’s command theory was an early version of this approach, which a later theorist criticized for failing to distinguish laws from the threats of a gunman. For 10 points each:
[10e] Name this approach to legal philosophy championed by H. L. A. Hart, which contends that legal facts are determined by social facts, rather than moral or natural law.
ANSWER: legal positivism
[10h] This Yale legal philosopher defended a version of legal positivism based on Michael Bratman’s theory of practical rationality called the “planning theory of law” in his 2011 book Legality.
ANSWER: Scott Shapiro [or Scott Jonathan Shapiro]
[10m] Ronald Dworkin presented his “semantic sting” argument against legal positivism in this 1986 book that contrasts the competing philosophies of the two fictional jurists Judge Hercules and Judge Hermes.
ANSWER: Law’s Empire
<Caleb Kendrick, Philosophy>