Law, in contrast to moral norms, can be defined as a social norm which it is possible to impose under compulsion. The notion 'compulsion', however, should be construed in a way that would permit it to be used in both the positivist theory of law and that...
as a theory of law, it may be summarized by saying that law may have any content. The law is what is laid down and that is an end to it. It is directly contrary to natural law theories, which tend to have some touchstone that a man-made law has to meet for its validity. Positiv...
In 1934, the Austrian philosopher Hans Kelsen continued the positivist tradition in his book the Pure Theory of Law. 1934年,奥地利哲學家漢斯·凱爾森在他的著作《純粹法學》繼續保持著實證的傳統。 LASER-wikipedia2 Nicholas Jardine describes the changing attitude to whiggishness this way: By the ...
18.But he rejected the positivist belief that we can ever know that a theory is true. 19.There is still mysticism in the kernel of this philosophy: the identity of the soul with the divine; but in its practical results it is a positivist, a realist philosophy. ...
2.(Law) Also called:legal positivismthe jurisprudential doctrine that the legitimacy of a law depends on its being enacted in proper form, rather than on its content. Comparenatural law3 3.the quality of being definite, certain, etc
In fact, Hart believes that there are so many differences and so few similarities in the practices of adjudication of particular legal systems that any general legal positivist theory of adjudication would be nearly vacuous.(82) Law and Truth This, in the end, was Hart's ultimate justification...
Chapter 1 analyzed some important aspects of Schmitt’s theory, the critiques of Schmitt in China and how Schmitt can potentially be of benefit to Chinese liberalism. This chapter explores Schmitt’s critique of the positivist understanding of law in a detailed and systematic way.1 In this critiq...
Especially in the latter half of the 19th century, positivism had a considerable influence on the natural sciences and on the social sciences, including sociology, law, political economy, historiography, and literary theory and criticism. At the end of the 19th century, positivism went through a ...
theorythinking You can also find related words, phrases, and synonyms in the topics: Ideas, concepts and theories Examples of positivist positivist Others, even among legal positivists, believe that this road inevitably leads to a dead end. First, he points out that many positivists accept...
The scientific reductionism of relevance theory: The lesson from logical positivism In the postface to the second edition of their book Relevance: Communication and cognition, Sperber and Wilson describe the intellectual impact which has f... Louise,Cummings - 《Journal of Pragmatics》 被引量: 35发...