the absence of any clear influence of one theory on the other - the legal theories of Dworkin and Hegel share several similar and, at times, unique positions that join them together within a distinctive school of legal theory, sharing a middle position between natural law and legal positivism....
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...
International law was virtually synonymous with the natural law until the nineteenth century when the new doctrine of legal positivism supplanted Enlightenment naturalism as the dominant legal philosophy. Whereas the perennial jurisprudence of the natural law had conceived of the natural law and the posit...
Where Law & Morality Meet PREFACE CONTENTS INTRODUCTION PART I - WHERE LAW AND MORALITY MEET: LEGAL POSITIVISM AND THE IDENTIFICATION OF LEGAL NORMS CHAPTER 1: HOW MORAL PRINCIPLES CAN ENTER INTO THE LAW CHAPTER 2: THROWING LIGHT ON THE ROLE OF MORAL PRINCIPLES I... MH Kramer 被引量: 13发...
搂1 aims to give an accurate and charitable explanation of Gardner's thin view of legal positivism, which includes the possibility of recognising actions of engagement with the law that are inert. Section 2 sets the stage for the critical discussion using the example of a fictional country ...
law was criticized as sterile verbalism obscuring the social function of law and the judicial process. Some critics consider that Austin’s doctrine ofsovereigntyconfuses the ideas of legal authority and political power; others hold “legal positivism” responsible for subservience to statetyrannyor ...
This Article frames the meta-interpretive question and explores how a widely held view in general jurisprudence—Hartian Positivism—answers it. Hartian Positivism holds that what counts as law in any jurisdiction depends on what officials in that jurisdiction generally accept and treat as law. If ...
The starting point is in Immanuel Kant with regard to his view of law and judgement. His jurisprudence, mostly to be found in the first part of theMetaphysics of Morals on‘The Doctrine of Right’, is that of law based on morality, so is an alternative to legal positivism. The argument...
Legal positivism and conceptual analysis / Postivismo jurídico y análisis conceptual: Proceedings of the 22nd IVR World Congress Granada 2005, vol I. Steiner, Stuttgart, pp 181–193 {preprint: (2005) Acta Juridica Hungarica 46(3–4):177–197} Google Scholar Varga C (2007c) Differing ...
natural lawlegal positivismpositivismHartlegal philosophyIn this article, I argue that - despite the absence of any clear influence of one theory on the other - the legal theories of Dworkin and Hegel share several similar and, at times, unique positions that join them together within a ...