Results 201 to 210 of about 4,999 (246)
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1996
Abstract Legal positivism is a theory about the nature of law and legal institutions. Apropos of the present study, positivism is also a theory about the truth conditions for propositions of law. The focus of this chapter will be on the work of the most important legal positivist of the twentieth century, H. L. A. Hart.
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Abstract Legal positivism is a theory about the nature of law and legal institutions. Apropos of the present study, positivism is also a theory about the truth conditions for propositions of law. The focus of this chapter will be on the work of the most important legal positivist of the twentieth century, H. L. A. Hart.
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2021
Este trabalho expõe as diferentes posições sobre positivismo jurídico, uma vez que o positivismo filosófico é semelhante ao positivismo jurídico e é uma ideia sem a qual não é possível compreender ou explicar os fundamentos epistemológicos do conhecimento do direito positivo.
Carrillo de la Rosa, Yezid +1 more
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Este trabalho expõe as diferentes posições sobre positivismo jurídico, uma vez que o positivismo filosófico é semelhante ao positivismo jurídico e é uma ideia sem a qual não é possível compreender ou explicar os fundamentos epistemológicos do conhecimento do direito positivo.
Carrillo de la Rosa, Yezid +1 more
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2018
Legal positivism is the approach in the philosophy of law which treats ‘positive law’ – law laid down in human societies through human decisions – as a distinct phenomenon, susceptible of analysis and description independently of morality, divine law or mere natural reality. It shares with philosophical positivism the aim of dealing in facts, but these
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Legal positivism is the approach in the philosophy of law which treats ‘positive law’ – law laid down in human societies through human decisions – as a distinct phenomenon, susceptible of analysis and description independently of morality, divine law or mere natural reality. It shares with philosophical positivism the aim of dealing in facts, but these
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SSRN Electronic Journal, 2004
This paper explicates legalism as an alternative to positivism. It is because positivism as we have seen cannot provide a correct explanation of the legal transmutation process that is taking place at the global level. This paper argues it is the time; the legal scholarship needs to move from searching the nature of law to institutionalization of rules.
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This paper explicates legalism as an alternative to positivism. It is because positivism as we have seen cannot provide a correct explanation of the legal transmutation process that is taking place at the global level. This paper argues it is the time; the legal scholarship needs to move from searching the nature of law to institutionalization of rules.
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Legal Positivism and Legal Disagreements
Ratio Juris, 2009AbstractThis paper deals with the possibility of faultless disagreement in law. It does this by looking to other spheres in which faultless disagreement appears to be possible, mainly in matters of taste and ethics. Three possible accounts are explored: the realist account, the relativist account, and the expressivist account.
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Legal Positivism and Deontic Detachment
Ratio Juris, 2018AbstractI consider a puzzle that arises when the logical principle known as “deontic detachment” is applied to the law. It is not possible to accept the principle of deontic detachment in a legal setting while also accepting that the so‐called “social facts thesis” applies to all legal propositions.
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Legal Realism and Legal Positivism
2014In this chapter, I argue that even though Olivecrona explicitly rejects legal positivism, conceived as the theory that law is the content of a sovereign will, he is best understood as a legal positivist as this theory is understood by contemporary jurisprudents.
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Advanced Introduction to Legal Positivism
"Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars.
Tuori, Kaarlo,
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The Legal Positivism of H.L.A. Hart
SSRN Electronic Journal, 2019H.L.A. Hart was the foremost Anglophone philosopher of law in the twentieth century, and he was rivaled only by Hans Kelsen as the foremost philosopher of law in any language during that century. Among his many sterling accomplishments in the philosophy of law was his reinvigoration of the tradition of legal positivism.
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Legal Principles and Legal Positivism
1984The main purpose of this article is to question the soundness of a recent attack on legal positivism launched by Professor Ronald M. Dworkin in his essay “Is law a system of rules?”1 I do not think any preliminary explanation of the strategy of my argument is necessary except for my use of a model taken from the rules of a game.
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