The Dead End of
Legal Positivism and the Retrieval of its Raison D'Etre
And similarly, when
legal positivism equates law with the order of a sovereign (Austin), (39) the combination of primary and secondary rules (Hart), (40) a systematic, hierarchical normative order (Kelsen), (41) or a nested set of plans (Shapiro), (42) nothing in any of those systems is inconsistent with the observation that law frequently tracks the customs and social norms of a community.
"inclusive"
legal positivism. (231) To see why Raz imposes
The argument from justice, or how not to reply to
legal positivism. In: PAVLAKOS, George (Ed.).
spread of
legal positivism. Any law in Russia at that time had the
(20) In this way, Habermas attempts to situate himself between
legal positivism and natural law.
The first point tackles the normative justifications of
legal positivism and the normative priority of
legal positivism over moral law based in "human reason".
"Getting Real or Staying Positive-Legal Realism(s),
Legal Positivism and the Prospects of Naturalism in Jurisprudence".
Law theories have been fiercely challenged by the
legal positivismSince such an examination is at odds with both social science and
legal positivism, Kratochwil calls for a different interdisciplinary epistemology.