... Thesis Adequate To Distinguish Positivism from Natural Law? The Possibility of Immoral Law 1...A Methodological Suggestion 4. Legality as a Normative Notion B. The Internal Point of Vie...Hart. . There is a difference between the claim that th...
The second principle is that the law is a "pure" or autonomous science operating under its own axioms which do not depend for validity on any other discourse such as sociology or ethics. [...] theories of natural law are rejected by Kelsen because they tie the validity of the positive law to a higher level moral theory. [...] Kelsen will argue that "'truth claims have to be checked at the door' in order to 'preserve democratic politics by not insisting on the lightness of a set of values.'" Yet this idea is precisely the valueneutrality which in the 1930s contributed to the demise of that liberal constitutional order in Europe which Kelsen had sought so passionately to uphold. -
... legal theory on the school of modern positivism represented by such figures as Joseph Raz and H. LL. A. Hart, while students of modern political thought may re...
Between Authority and Interpretation: On the Theory of Law and Practical Reason, by Joseph Raz, is reviewed.
... those features for granted in their own legal theorizing. The main disadvantage of my approach w...Hart's benchmark views, as Raz clearly intended them to... normative tests, and that legal positivism is erroneously committed to there being only purel...
I Knowing What the Law is - II Knowing European Community Law - III Interpretative Authority - IV The Public Strategy and the Strategy of Privatization - V The Law Prior to Köbler - VI Unpacking Liability - VII The Decisive Question - VIII Law That Is Not Clearly Unclear - IX A Self-Effacing Precedent - X Conclusion -
... FROM INJUSTICE: A REPLY TO LEGAL POSITIVISM 40-62 (Bonnie L. Paulson & Stanley L. Paulson tran...Hart, Positivism and the Separation of Law and Morals, ...
A method of interpretation which is open to the idea that capital punishment is unconstitutional (in spite of capital crimes being mentioned in the constitutional text), while upholding a constitutional right to abortion (a "right" unmentioned in the constitutional text) is very difficult to distinguish from a position which straightforwardly replaces textual concerns with the moral values of judges. In this debate, many social conservatives are likely to be broadly sympathetic with Dworkin's defense of moral realism against relativism (if not his particular moral judgments) - yet they are likely to have more sympathy for the apparent "positivism" of Scalia's jurisprudence, which tends to reject moral reasoning by judges in favor of strict adherence to text and precedent.
... of the role of moral reasoning in both legal philosophy and legal adjudication. In the course o...L. A. Hart). The legal pragmatist school draws upon the broad...
... by key arguments, ideas of law and legal reasoning, this anthology contains a broad range o... (with Aquinus and Finnis), legal positivism (Austin and Hart), integrity (Dworkin and Riggs v....
... political order by means of constitutional-legal reasoning in which different understandings of the...One example of what is at stake is H. L. A. Hart's distinction between primary and secondary rules ...: legal skepticism and epistemological positivism. Legal skepticism does the groundwork for the shif...
A Life of H.L.A. Hart: The Nightmare and the Noble Dream, by Nicola Lacey, is reviewed.
... man whose unparalleled external success in legal philosophy contrasted sharply with his life-long i... the confused criticism that legal positivism excludes moral and political considerations from t...
.... H.L.A. Hart, writing in the middle of the twentieth century, u.... IV. PLANS AND POSITIVISM . That we can find these elements of planning in l...
...H.L.A. Hart once pointed out that whatever positivism's faults...
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