Why is legal positivism the dominant view among legal philosophers? The address begins with a somewhat lengthy methodological preamble, offering reasons to resist the extravagant metaphysical inflation of the p
What is the legal realism approach? Why is epistemology called a metatheoretical assumption? Why did Aristotle dislike Plato's idealism? Why do positivism and naturalism compete for primacy? Who is an educated person according to pragmatism?
"Theonomic" ethics likewise rejects legal positivism and maintains that there is a "law above the (civil) law" to which appeal can be made against the tyranny of rulers and the anarchy of overzealous reformers alike (#9). Since Jesus Christ is Lord over all (cf. #3), civil magistrates...
fo r th is and future g enerations. Towards this objective.we will examine Dworkin’s philosophical reiection of the T heory of Legal Positivism and discuss its implications fo r L aw s of S e g reg ation in th e S outh .W e w i ll a lso discuss D w orkin ’s T he ...
This chapter is in the book Making the Medieval Relevant Chris Jones, Conor Kostick, and Klaus OschemaWhy Should we Care about the Middle Ages?Putting the Case for the Relevance ofStudying Medieval EuropeAbstract:This introductory chapter puts forward a case for the continuing importanceof studying...
called asophism. Since then,fallacies of argumenthave been described and catalogued in great detail, like thead hominiemargument, to attack the man instead of his argument, or thePetitio Principii, to "Beg the Question" or assume what is to be proven. Using such arguments habitually is now...
Third, this is my chance to “come out”—to announce that I have finally changed my mind about IP and am now an ardent supporter of a certain form of legal protection for products of the mind. Because of the power and clarity of Neil’s revised arguments, I’ve finally seen the ligh...
This was a keynote address at the annual meeting of the Australasian Society of Legal Philosophy at the University of Sydney in 2013. (It is a much expanded vedoi:10.2139/ssrn.2323013Leiter, BrianSocial Science Electronic PublishingBrian Leiter,"Why Legal Positivism"Public Law and Legal Theory,...
Surface conventions constitute the validity of legal norms. The deep convention of law is the social rule that constitutes the very existence of law as a social response to deep needs, something that eventually grounds the authority of law. There is a clear relation between the rule-based ...