ABSTRACT
The author repeatedly faces the challenge of the legal system's growing complexity as a doctrinal writer and law professor in a mixed jurisdiction. To face the challenges of Stateless law, legal scholars must reject positivism explicitly and engage in renewed discussions about legal methodology. This chapter shows how positivism has stifled, but not eliminated, traditional legal scholarship. Legal positivism refers to a period in history of a few centuries, during which States in the Western world have monopolized to a large extent the production and enforcement of legal norms. Legal categories and classifications are generally more stable than rules, but they adjust incrementally to changes in law and context. As Edward Levi has observed, 'the classification changes as the classification is made'. The chapter defines legal categories and normative classifications and outlines the functions of both normative and cognitive classifications. It explains what author considers being the connections between legal positivism and logical empiricism in relation to legal methodology.
