Incorporationism, Inclusivism, and Indeterminacy

For three decades, Wil Waluchow has been one of the world’s premier legal philosophers and in particular has been one of the world’s premier legal positivists. In this essay, I explore the complexities of hard cases—cases in which there is substantial disagreement among judges or other legal experts over the correct answers to any questions at issue—in order to reflect upon the implications of those complexities for the legal-positivist theses which Waluchow has defended. The upshot is a more nuanced presentation of those theses.