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 purported theoretical virtues of positivism in some recent jurisprudential writing by Dickson and ...
"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...
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?
Objectivism, at its core, is the belief that reality exists and that humans can learn about it. Rand defines "objectivism" as "a philosophy that upholds reason as the only means of acquiring knowledge and holds that regards no one's beliefs or opinions as authoritative except those of the...
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...
Similarly, if some humanism is religious, then a humanism that explicitly excluded religion would be something else, a "secular humanism," such as we see in the name of the Council for Secular Humanism. So what would humanism in general, religious and secular, ancient and modern, be about...
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 ...