Search results for: “positivism”

  • Positivism

    The Legal History of Positivism in United States Law This section provides an overview of Positivism in United States Law Literature Review on (Public Administration Theory) Logical Positivism and Public Administration In the Encyclopedia of Public Administration and Public Policy, [1] […]

  • Positivism

    The Legal History of Positivism in United States Law This section provides an overview of Positivism in United States Law Literature Review on (Public Administration Theory) Logical Positivism and Public Administration In the Encyclopedia of Public Administration and Public Policy, [1] […]

  • Neo-positivism

    Embracing mainstream international law, this section on neo-positivism explores the context, history and effect of the area of the law covered here. Resources Further Reading The entry "neo-positivism" in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, […]

  • Legal Positivism

    Legal Positivism Description by Several Authors Olivecrona (1971: 141) noted that, when nineteenth-century positivists ‘wanted to make a clean break with natural law doctrine, they ceased to cite the old authorities. But as a matter of course they took over their fundamental concepts.’ David and Brierley (1978: 2) commented on the shift from a theoretical…

  • Positivism and Fidelity to Law—A Reply to Professor Hart

    Positivism and Fidelity to Law-A Reply to Professor Hart   Lon L. Fuller Rephrasing the question of “law and morals”in terms of “order and good order,”Professor Fuller criticizes Professor H. L. A. Hart for ignoring the internal “morality of order”necessary to the creation of all law. He then rejects Professor Hart’s theory of statutory interpretation…

  • Positivism and the Separation of Law and Morals

    Positivism and the Separation of Law and Morals   H.L.A Hart Professor Hart defends the Positivist school of jurisprudence from many of the criticisms which have been leveled against its insistence on distinguishing the law that is from the law that ought to be. He first insists that the critics have confused this distinction with…

  • Rule of Law

    Rule of law Definition Rule of law means that any act of the government must be done through laws, that no one is above the law. However this principle has many controversial aspects, the core of it requires that fair laws should apply to all persons in a given jurisdiction. It also means […]

  • Rule of Law

    Rule of law Definition Rule of law means that any act of the government must be done through laws, that no one is above the law. However this principle has many controversial aspects, the core of it requires that fair laws should apply to all persons in a given jurisdiction. It also means […]

  • Philosophy

    Contents Philosophy and theory of Law Special topics of philosophy and theory of law This topic covers the following: Origin of Law Sources of Law Nature of Law Limits of law Rule of law Legal reasoning Justice and injustice Equal protection of the law […]

  • Natural Law

    A typical definition of natural law which overstressed the universality of the concept was provided by Olivecrona (1971: 8): In contradistinction to positive law, 'natural law' generally means a law that has not been posited. Even if it is ascribed to the will of God, it is supposed to […]

  • Inter-Organizational Relations

    Inter-Organizational Relations Researchers began to engage in the study of inter-organizational relations later than their colleagues in neighboring disciplines such as sociology and economics. A further consolidation of the study of inter-organizational relations is expected to be achieved, including for the broader philosophical or socio-theoretical assumptions and for the political and societal implications of these…

  • Dictionary of Essential Legal Terms

    The Dictionary of Essential Legal Terms Details of The Dictionary of Essential Legal Terms Author: Amy Hackney Blackwell Date of publishing: 2008 Publisher: Sphinx Publishing, An imprint of Sourcebooks, Inc, Naperville, Illinois 60567-4410, United States Contents of The Dictionary of Essential Legal Terms Abandon Abatable Nuisance Abate Abatement of a Legacy Abatement of Taxes Abdicate…

  • Normative Jurisprudence

    Normative Jurisprudence Normative jurisprudence involves normative, evaluative, and otherwise prescriptive questions about the law. Freedom and the Limits of Legitimate Law Laws limit human autonomy by restricting freedom. (…) John Stuart Mill provides the classic liberal answer in the form of the harm principle: “[T]he sole end for which mankind are warranted, individually or collectively,…

  • Hans Kelsen

    An explicitly rational approach to understanding law was promoted by Hans Kelsen (1881-1973), whose pure science of law has been treated as the highest development of analytical positivism, but is now seen in a different light.82 In his Kantian quest for 'pure theory',83 Kelsen searched for […]

  • Hans Kelsen

    An explicitly rational approach to understanding law was promoted by Hans Kelsen (1881-1973), whose pure science of law has been treated as the highest development of analytical positivism, but is now seen in a different light.82 In his Kantian quest for 'pure theory',83 Kelsen searched for […]