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5:41
LAW121 - Positivist Legal Theory
In contrast to natural law theorists, legal positivists assert that laws are merely a comp...
published: 20 Sep 2011
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16:30
Why Do We Obey the Law? Hart & Dworkin
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published: 20 Oct 2013
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7:54
LAW121 - Natural Law Theory
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published: 23 Aug 2011
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11:26
Hart V Fuller: The Movie
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published: 16 Aug 2012
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2:12
Book Review | The Argument From Injustice: A Reply To Legal Positivism
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published: 23 Dec 2014
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What is positivism? 1
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published: 17 Feb 2010
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Philosophy and the Law — 03 Legal Positivism, Part II {audiobook}
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Philosophy and the Law — 02 Legal Positivism, Part I {audiobook}
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2:12
Book Review | The Invisible Origins Of Legal Positivism: A Re-Reading Of A Tradition
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published: 14 Jan 2015
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Why do we obey the law? The trial of Socrates
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published: 31 Aug 2013
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12:51
Auguste Comte: Positivism and the Three Stages (European Philosophers)
http://www.tomrichey.net Auguste Comte, a nineteenth century philosopher, is most famous f...
published: 19 Jun 2014
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Normative Legal Positivism, Neutrality, and the Rule of Law: Dr. Bruno Celano
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published: 19 Oct 2012
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33:59
LAWS13016 Jurisprudence Week 3 German Legal Positivism
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Jurisprudence: Analytical School - John Austin
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published: 15 Jul 2014
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LSE Research: The Moral Structure of Legal Systems, pt. 1
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How Objective Is The Law? Serial: Part 1 | Idea Channel | PBS Digital Studios
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Why do we obey the law? From Hobbes to Austin
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05 - POSITIVISM - R.C. SPROUL
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published: 14 Nov 2013
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Sociological Theory: Positivism
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published: 08 Apr 2013
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The Rise of Logical Positivism (Part 4-2)
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Classical Empiricism and Logical Positivism (Part 4-1)
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Legal positivism is a school of thought of philosophy of law and jurisprudence, largely developed by nineteenth-century legal thinkers such as Jeremy Bentham and John Austin. However, the most prominent figure in the history of legal positivism is H.L.A. Hart, whose work The Concept of Law caused a fundamental re-thinking of the positivist doctrine and its relationship with the other principal theories of law. In more recent years the central claims of legal positivism have come under significant attack from Ronald Dworkin.

It is difficult to summarize positivist thinking, but it is generally accepted that the central claim of legal positivism is the following:

"In any legal system, whether a given norm is legally valid, and hence whether it forms part of the law of that system, depends on its sources, not its merits."

Legal positivists make some distinctive claims about what constitutes legal validity. It is difficult to improve on the following introduction offered by Leslie Green: "Whether a society has a legal system depends on the presence of certain structures of governance, not on the extent to which it satisfies ideals of justice, democracy, or the rule of law. What laws are in force in that system depends on what social standards its officials recognize as authoritative; for example, legislative enactments, judicial decisions, or social customs. The fact that a policy would be just, wise, efficient, or prudent is never sufficient reason for thinking that it is actually the law, and the fact that it is unjust, unwise, inefficient or imprudent is never sufficient reason for doubting it. According to positivism, law is a matter of what has been posited (ordered, decided, practiced, tolerated, etc.); as we might say in a more modern idiom, positivism is the view that law is a social construction."




This page contains text from Wikipedia, the Free Encyclopedia - http://en.wikipedia.org/wiki/Legal_positivism

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