Legal Positivism and the Documentary History of the Supreme Court

Legal Positivism and the Documentary History of the Supreme Court provides an overview of the Documentary History of the Supreme Court of the United States (Documentary History), a set of materials that provide a comprehensive overview of the early Supreme Court, including Supreme Court decisions.

This article explains that, although Documentary History is an invaluable resource, it does have its limitations. One such limitation is what the author describes as legal positivism, a guiding philosophy that emphasizes the socially constructed nature of the law. The author explains in detail how the philosophy of legal positivism, which he argues most modern lawyers adhere to, has influenced Documentary History.