On Emad Atiq’s Inclusive Anti-positivism

Abstract

In this discussion of Emad Atiq's article "There are No Easy Counterexamples to Legal Anti-Positivism" I pose three challenges to his construction of an Inclusive Anti-positivism. I firstly argue that, contra Atiq, the moral facts that both ground IAP and allow it to satisfy the extensional challenge are sometimes reducible to social facts. In Section II, I briefly discuss internal- and external-to-practice appraisals of legal norms. Finally, in Section III, I touch upon the divergent explanations of legal normativity IAP and positivism offer.