Legal positivism
In: International library of essays in law and legal theory. Second series
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In: International library of essays in law and legal theory. Second series
In: International Encyclopedia of the Social and Behavioral Sciences, 2nd Edition (Elsevier Science 2014)
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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 international library of essays in law and legal theory
In: Schools 7
In: The Blackwell Guide to the Philosophy of Law and Legal Theory, S. 29-49
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.
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In: Applied legal philosophy
In: Florian Hoffmann, Anne Orford (eds), Oxford Handbook of International Legal Theory (Oxford: Oxford University Press 2015)
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Working paper
This article is a result of study that aims to explain the importance of the thought of legal positivism. The rapid development of science and technology can cause problems in life. The demands of the necessities of life to be fulfilled by human beings. Therefore, the development of legal positivism as a legal discipline closely related to the rational method of legal thinking becomes very important. There are various issues that require assertiveness and legal certainty to solve them. Understand how laws in legislation are important in law science, because law embraces the principle of legality in the system of state positive law norms. The study method used is literature with philosophical approach. From the results of the study shows that the study of legal positivism is very important to understand the law in writing in the legislation. Deductive that became characteristic in the method of reasoning legal positivism to get a correct understanding of the law of the general provisions established in the legislation. Rational-based legal positivism is very useful to establish the degree of legal certainty.
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In: The Practice of Principle, S. 103-119
In: Cambridge Companion to Legal Positivism (Patricia Mindus & Torben Spaak, eds., Forthcoming 2020)
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In: Cambridge studies in philosophy and law