Positivism in Mexico
In: Verfassung und Recht in Übersee: VRÜ = World comparative law : WCL, Band 10, Heft 3, S. 488-490
ISSN: 0506-7286
4031 Ergebnisse
Sortierung:
In: Verfassung und Recht in Übersee: VRÜ = World comparative law : WCL, Band 10, Heft 3, S. 488-490
ISSN: 0506-7286
In: Schriften zur Rechtstheorie Bd. 270
In: The International Library of Essays in Law and Legal Theory (Second Series) v.2
Cover -- Half Title -- Title Page -- Copyright Page -- Table of Contents -- Acknowledgements -- Series Preface -- Introduction -- Part I Separability, Sources and Rules -- 1 Joseph Raz (1985), 'Authority, Law and Morality', The Monist -- 68, pp. 295-324. -- 2 Jules L. Coleman (1991), 'Rules and Social Facts', Harvard Journal of Law and Public Policy, 14, pp. 703-25. -- 3 Tim Dare (1997), 'Wilfrid Waluchow and the Argument from Authority', Oxford Journal of Legal Studies, 17, pp. 347-66
In: The library of philosophical movements
In: The Blackwell Guide to the Philosophy of Law and Legal Theory, S. 29-49
In: Modern European philosophy
This 1996 book provides a detailed, systematic reconsideration of the neglected nineteenth-century positivist Auguste Comte. Apart from offering an accurate account of what Comte actually wrote, the book argues that Comte's positivism has never had greater contemporary relevance than now. The aim of the first part of the book is to rescue Comte from the influential misinterpretation of his work by John Stuart Mill. The second part argues that this deep historically-minded concern with the tradition of philosophy for current philosophical practice places Comte in the same camp as such well-known post-positivists as Richard Rorty, Charles Taylor, and Hilary Putnam. Professor Scharff concludes that, even though he was the first positivist, Comte is also the only positivist who retains his relevance today
Having taken some constitution and government courses during my undergraduate studies, I was comfortable with my understanding of justice and morality. An independent research seminar into the philosophy of law with Dr. Huenemann changed that. Taking Brian Leiter's book Naluralizing Jurilprudence as our guide, we dived into the vast question of "what is the law?" This seemingly simple question has shaped western society in too many ways to account. for instance, Legal Realists - one group that believes all rights "are the creations of government and the legal rules it lays down,,1 - dramatically changed labor laws in the early 20th century by changing the long-held belief that property rights were static. If their philosophy hadn't become popular, would courts have continued to side with factory owners in postindustrial America? Consequently, if resulting labor laws such as the Norris-LaGuardia Act of 1932 hadn't been enacted, what would our society look like today? I began to understand that justice. morality, and the law are intricately tied, and how we understand anyone of them will affect the others. More, I realized that legal philosophy is in constant motion, adapting to vogue ideas. Society, built upon the principle of law, likewise sways in harmony with legal philosophy. The following is one perspective of what the law is. Though no theory is completely dominant today. Legal Positivism as formulated by 1-l.L.A. Hart, has arguably had the greatest impact on legal philosophy since the 20th century.
BASE
In: Teoria Polityki, Band 3, S. 175-188
SSRN
Working paper
In: Applied legal philosophy
In: Florian Hoffmann, Anne Orford (eds), Oxford Handbook of International Legal Theory (Oxford: Oxford University Press 2015)
SSRN
In: 13(4) Jurisprudence: An International Journal of Legal and Political Thought 569-612
SSRN