Positivism and the separation of law and economics (3.)See Frederick Schauer, Amending the Presuppositions of a Constitution, in IMPERFECTION 145, 148 n.8 ("plead[ing] guilty" of having "legal positivist dispositions") [hereinafter Schauer, Amending the Presuppositions]; Frederick Schauer, Constit...
LAW, POSITIVE. Positive law, as used in opposition to natural law, may be considered in a threefold point of view. 1. The universal voluntary law, or those rules which are presumed to be law, by the uniform practice of nations in general, and by the manifest utility of the rules themse...
Twitter Google Share on Facebook legalism Also found in:Dictionary,Thesaurus,Encyclopedia,Wikipedia. strict adherence to the law, especially the stressing of the letter of the law rather than its spirit. Collins Dictionary of Law © W.J. Stewart, 2006 ...
Define legal responsibility. legal responsibility synonyms, legal responsibility pronunciation, legal responsibility translation, English dictionary definition of legal responsibility. n. 1. One that is inconvenient, annoying, or vexatious; a bother: Hav
Legal positivism, Law's normativity, and the normative force of legal justification. Ratio Juris, vol. 16, n.4, December 2003, 469-485.Spaak, Torben. 2003. Legal Positivism, Law's Normativity, and the Normative Force of Legal Justification. Ratio Juris 16: 469-85....
Legal Positivism As a Realist Theory of Lawlegal realismnaturalismH.L.A. HartJoseph RazAlf RossEarlier papers have explained how "legal realism" presupposes a positivist theory of law. This paper argue that the most plausible version of legal poSocial Science Electronic Publishing...
Legalpositivismgenerally, and Hart's theory in particular, has an ambivalent relationship with the social sciences. Even what might seem like an obvious connection—use of the label ‘positivism’—is not free of ambiguity. The term positivism literally refers to the fact that law is ‘posited,...
literature on the philosophy of law, I suggest, nevertheless has an implicit reconstructive impact: the insights into the failure of natural law theory and legal positivism imply an alternative philosophical framework that may provide a positive answer to the question of the normativity of law.doi...
doi:10.2139/ssrn.3521184Jeremy Waldronlaw as integritylegal positivismThis paper examines the jurisprudential work of Jeremy Waldron. More specifically, it seeks to articulate a comprehensive account of Professor Waldron's thoughtSocial Science Electronic Publishing...
The penultimate version is now online; main change was in the final section, discussing the "Service Conception."