Positive Law

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More than 10.000 documents for Positive Law

- Defense Federal Acquisition Regulation Supplement: Title 41 Positive Law Codification-Further Implementation (DFARS Case 2012-D003)
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement to conform statutory titles to the new Positive Law Codification of Title 41, United States Code, ``Public Contracts.''
- Federal Register Nbr. 76 FR 78874, December 20, 2011
- Proposed rules
- Defense Department
- Recodification of the Shipping Act as Positive Law
- FR, October 01, 2009
- Rules
- Federal Maritime Commission
- The Philosophy of Positive Law: Foundations of Jurisprudence
The Philosophy of Positive Law is a searching examination of the concept of positive lawapparently the first such book length study-in the works of four seminal legal philosophers, Plato, St. Thomas Aquinas, Thomas Hobbes, and John Austin (along with "eminent" and contemporary scholars thereof), allowing Murphy to draw magisterial conclusions about the jurisprudence of positive law.
- Review of Metaphysics, The
- Vol. 60 Nbr. 3, March 2007

- What was it like to try a rat?
The approach to comparative law jurisprudence needs to be rethought because the current debate between textual and contextual approaches fails to address the flaws in comparative law. Comparative law needs to develop philosophical underpinnings to balance the positive law that has been developed by international law practitioners. Comparative law scholars have focused on the rules used by practitioners without moving beyond the rules to develop a philosophy of comparative law.
- University of Pennsylvania Law Review
- Vol. 143 Nbr. 6, June 1995
- Hans Kelsen's Pure Theory of Law: Legality and Legitimacy
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. -
- Review of Metaphysics, The
- Vol. 63 Nbr. 2, December 2009
- The Impact of Positive Political Theory On Old Questions of Constitutional Law and the Separation of Powers
Scholarly conceptions of the role of the judiciary have been shaped by three key approaches: traditional theories, such as legal formalism, conceive of judges as impartial law discoverers; attitudinalists and legal realists see judges as partisan law creators; positive political theorists perceive judges to be strategic actors who maximize utility within a constrained environment.
- Northwestern University Law Review
- Vol. 100 Nbr. 1, January 2006
- Positive Discrimination And Employment Law.
The Guardian has recently reported that women are in the minority at board level in FTSE listed organisations, and that the Government is now calling ...
- Mondaq Business Briefing
- Nbr. 2011, January 2011
- A Positive Result: Family Law Attorneys Say Mo. Paternity Bill Doesn't Go Far Enough
A bill allowing fathers to use DNA testing to challenge child- support orders has left some family law attorneys wondering what kind of help the measure really offers. At the insistence of prosecutors, the bill's sponsor, state Sen. Jeff Smith, D-St. Louis, scaled back or cut portions that would have given fathers wider leeway in challenging paternity.
- Missouri Lawyers Media
- September 14, 2009
- Positive Law
Those laws that have been duly enacted by a properly instituted and popularly recognized branch of government. Positive laws...
- West's Encyclopedia of American Law
- Po–San
- Managers' Fiduciary Duties in Financially Distressed Corporations: Chaos in Delaware (and Elsewhere)
The inherent conflict between creditors and shareholders' has long occupied courts and commentators interested in corporate governance. The nature of managers' fiduciary duties depends on the financial situation of their company at the time managers take the action in question. Thus, if at the time managers' actions occur the corporation is solvent, managers' fiduciary duties are to shareholders; if, however, at the time of the managers' action the corporation is in the vicinity of insolvency, managers' duties are to the community of interest, and if the corporation is insolvent at the time, managers owe their duties to creditors. The governance of the modern corporation generally relies on some combination of contractual and fiduciary regulation. As a matter of positive law, the govern...
- Journal of Corporation Law
- Vol. 32 Nbr. 3, April 2007