Results 251 to 260 of about 1,612,750 (298)
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2004
While the Separability Thesis implies that there are no necessary moral criteria of legal validity, it leaves open the question of whether there are possible moral criteria of validity. Inclusive legal positivists (also known as soft positivists and incorporationists) believe there can be such criteria; that is, they believe there are conceptually ...
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While the Separability Thesis implies that there are no necessary moral criteria of legal validity, it leaves open the question of whether there are possible moral criteria of validity. Inclusive legal positivists (also known as soft positivists and incorporationists) believe there can be such criteria; that is, they believe there are conceptually ...
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International Legal Positivism [PDF]
, 2016 Abstract This chapter explores the role of positivism in international law, noting that the term ‘positivism’ itself has many connotations, most of which muddy an already neglected—yet strikingly pervasive—approach to international law.
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Legal Positivism: Early Foundations
SSRN Electronic Journal, 2011Legal positivism is a vital and controversial approach to central questions of philosophical jurisprudence. Not only are its core theses contested, but claims about what its core theses are and what it stands for have been hotly disputed in recent years.
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1999
AbstractThis chapter begins with a detailed history of the emergence of the term ‘positive’, in relation to law, in the 12th and 13th centuries, most richly and subtly in Aquinas, whose texts are described and analysed in detail. A concluding purely theoretical section sets out, illustratively, the basic reasons why the alleged debate between ‘natural ...
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AbstractThis chapter begins with a detailed history of the emergence of the term ‘positive’, in relation to law, in the 12th and 13th centuries, most richly and subtly in Aquinas, whose texts are described and analysed in detail. A concluding purely theoretical section sets out, illustratively, the basic reasons why the alleged debate between ‘natural ...
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Legal Positivism in the Postwar Debate
2016Chapter on the Postwar jurisprudential ...
BONGIOVANNI, GIORGIO, Mauro Barberis
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2015
This chapter explores the works of some of the leading exponents of contemporary legal positivism: H. L. A. Hart, Hans Kelsen, Joseph Raz, Jules Coleman, Scott Shapiro, and others. Hart staked out the borders of modern legal theory by applying the techniques of analytical (and especially linguistic) philosophy to the study of law.
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This chapter explores the works of some of the leading exponents of contemporary legal positivism: H. L. A. Hart, Hans Kelsen, Joseph Raz, Jules Coleman, Scott Shapiro, and others. Hart staked out the borders of modern legal theory by applying the techniques of analytical (and especially linguistic) philosophy to the study of law.
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The Possibility Puzzle and Legal Positivism
2012The aim of this chapter is to discuss a paradox concerning the law, which Shapiro analyzes in his book Legality. According to Shapiro, it is puzzling how the law could have been invented: attempts to explain the origins of law face a paradox, which Shapiro labels possibility puzzle (PP).
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Disruptive Implications of Legal Positivism’s Social Efficacy Thesis
The Cambridge Companion to Legal Positivism, 2021B. Tamanaha
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