Javier Gallego Saade (UAI – Faculty of Law ; University College, Oxford) has posted Legal Positivism's Internal Morality [Review Article] on SSRN. Here is the abstract:
In this review article I consider the jurisprudential arguments of David Dyzenhaus’ The Long Arc of Legality. In particular I look into the main claim of the book that the fact of “very unjust laws” is central to illuminate the idea of law’s authority, whose elaboration in turn Dyzenhaus takes to be the purpose of legal theory. I analyse Dyzenhaus’ own normative proposal in this matter, which consists of a version of legal positivism committed to Lon Fuller’s principles of the internal morality of law, with the corollary of a conception of the judicial role as bound to a duty to apply these internal principles of legality when exercising their function. While I cast some doubts on the feasibility of constructing the judge’s function that way, in the end I celebrate Dyzenhaus’ attempt at refining legal positivism’s identity, especially in light of the ongoing debate with contemporary anti-positivism.