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...
Natural LawMoralityNormativityFaithGardner's Law as a Leap of Faith is a work that challenges many of our most widely held beliefs about law with a special focus on legal positivism. This collection of papers is the product of one of our finest legal philosophers today with significant ...
Definition of legalistic in the Legal Dictionary - by Free online English dictionary and encyclopedia. What is legalistic? Meaning of legalistic as a legal term. What does legalistic mean in law?
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...
This essay examines two dominant traditions in legal philosophy, the natural law theory and legal positivism, in terms of how they account for the normativity of law. I argue that, although these two traditions generally take the question of the normativity of law seriously and try to account ...
Legal Fictions: Studies of Law and Narrative in the Discursive Worlds of Ancient Jewish Sectarians and Sages Chapters discuss money culture, legal fictions, divorce, working women, being a sperm donor versus being a father, and more. Keeping it civil; the case of the pre-nup and the Porsche...
The penultimate version is now online; main change was in the final section, discussing the "Service Conception."
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,...
Some critics consider that Austin’s doctrine of sovereignty confuses the ideas of legal authority and political power; others hold “legal positivism” responsible for subservience to state tyranny or absolutism. Some of these criticisms are well founded, but even so Austin’s work is of ...
Law, morality, and legal positivism : proceedings of the 21st World Congress of the International Association for Philosophy of Law and Social Philosophy (... KE Himma - Franz Steiner 被引量: 0发表: 2004年 A Companion to Philosophy of Law and Legal Theory: Second edition Ed. Dennis Patterson...