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In: International Legal Positivism in a Post-Modern World, Forthcoming
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In: Langford, P. and Bryan, I., "Beyond Legal Positivism and Natural Law?", pp.500-532, in Langford, P., Bryan, I. and McGarry, J. (eds.), Hans Kelsen and the Natural Law Tradition, (Leiden; Boston: Brill, 2019)
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In: Revus 16 | 2011. 55-93
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In: Law, Theory and History: New Essays on a Neglected Topic (Maksymilian Del Mar & Michael Lobban eds., 2015, Forthcoming)
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Legal positivism is influenced by natural law from Ancient Greece, natural law comes from God to regulate human life. Humans were created by reason by God to make rules, John Austin stated that to make a rule sourced from orders or policies in the field of law by the king or parliament as the highest authority. This influenced the thinking of Hans Klesen with a pure legal theory that complies with hierarchical rules and sanctions, Hart's legal positivism explains that law comes from morals that regulate one's behavior. This paper is in the form of legal research in literature studies in the form of books and journals that discuss positivism legal policy, which is legal research, then analyzed using the John Austin doctrine. The advantage of the influence of natural law on legal positivism according to Austin is that it divides the law into two forms, namely the law from God for humans (the divine law), the law created by God for His creatures. Laws are compiled and made by humans, which consist of: Laws that are actually positive laws (properly so called), and laws that are not actually laws (improperly so called). 2. The doctrine of legal positivism, state power must be limited and controlled by law, the state must be constructed as a state of law and not a state of power. Every citizen is considered to have the same position, law enforcers to think and act legally formalistically, by placing legal justice as the goal of law.
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In: Modern Law Review 77 (2014): 139-147
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In: U of Chicago, Public Law Working Paper No. 442
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In: International library of essays in law and legal theory. Second series
In: International journal of multicultural and multireligious understanding: IJMMU, Band 8, Heft 9, S. 401
ISSN: 2364-5369
Legal positivism is influenced by natural law from Ancient Greece, natural law comes from God to regulate human life. Humans were created by reason by God to make rules, John Austin stated that to make a rule sourced from orders or policies in the field of law by the king or parliament as the highest authority. This influenced the thinking of Hans Klesen with a pure legal theory that complies with hierarchical rules and sanctions, Hart's legal positivism explains that law comes from morals that regulate one's behavior. This paper is in the form of legal research in literature studies in the form of books and journals that discuss positivism legal policy, which is legal research, then analyzed using the John Austin doctrine. The advantage of the influence of natural law on legal positivism according to Austin is that it divides the law into two forms, namely the law from God for humans (the divine law), the law created by God for His creatures. Laws are compiled and made by humans, which consist of: Laws that are actually positive laws (properly so called), and laws that are not actually laws (improperly so called). 2. The doctrine of legal positivism, state power must be limited and controlled by law, the state must be constructed as a state of law and not a state of power. Every citizen is considered to have the same position, law enforcers to think and act legally formalistically, by placing legal justice as the goal of law.
In: P. Mindus & T. Spaak (eds.), The Cambridge Companion to Legal Positivism, Forthcoming
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In: The European legacy: the official journal of the International Society for the Study of European Ideas (ISSEI), Band 20, Heft 8, S. 807-826
ISSN: 1470-1316