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Continuity and Change in Legal Positivism
Law and Philosophy, 1998Institutional theory of law (ITL) reflects both continuity and change of Kelsen's legal positivism. The main alteration results from the way ITL extends Hart's linguistic turn towards ordinary language philosophy (OLP). Hart holds – like Kelsen – that law cannot be reduced to brute fact nor morality, but because of its attempt to reconstruct social ...
Wouter G. Werner, Huib M. de Jong
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Legal Positivism as a Realist Theory of Law
, 2020Earlier papers have explained how "legal realism" presupposes a positivist theory of law. This paper argue that the most plausible version of legal positivism is an essentially "realist" theory.
B. Leiter
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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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Abstract The aim of this chapter is to examine some of the most important aspects that characterise legal positivism in the civil law tradition. First, it examines the seminal insights developed independently by Norberto Bobbio and Alf Ross into the ambiguity of the term ‘legal positivism’, which prior to their contributions was used ...
Giovanni Battista Ratti +1 more
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Giovanni Battista Ratti +1 more
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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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Legal Positivism and Naturalistic Explanation of Action
Law and Philosophy, 2023Dan Priel
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Robust Normativity, Morality, and Legal Positivism
Dimensions of Normativity, 2019This chapter discusses two different issues about the relationship between legal positivism and robust normativity (understood as the most authoritative kind of normativity to which we appeal).
D. Plunkett
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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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Harvard Law Review, 1996
[H]owever well disposed and law-abiding men might be, ... individual men, peoples, and states can never be secure against violence from one another, since each has its own right to do what seems right and good to it and not to be dependent upon another's opinion about this.
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[H]owever well disposed and law-abiding men might be, ... individual men, peoples, and states can never be secure against violence from one another, since each has its own right to do what seems right and good to it and not to be dependent upon another's opinion about this.
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The Legal Positivism of H.L.A. Hart
Social Science Research Network, 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.
Matthew H Kramer
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