legal positivism


Also found in: Dictionary, Thesaurus, Medical, Legal, Wikipedia.

legal positivism

a form of legal theory in which the law is seen as capable of being expressed in formal and objective terms as a hierarchical system of general principles (see JURISPRUDENCE).
References in periodicals archive ?
This take on Legal Positivism could not only suggest that existing laws need not be applied blindly, but also advocates for discretion which the Rockefeller drug laws failed to allow.
Patrolling the Boundaries: Inclusive Legal Positivism and the Nature of
been restated in the Constitution, legal positivism is still dominant in
20) In this way, Habermas attempts to situate himself between legal positivism and natural law.
But he thought this constitutional order was being steadily undermined by legal positivism and pragmatism in the law schools, the judiciary, and the post-Carter, increasingly secular Democratic Party.
in classical times; (6) legal positivism arose in the nineteenth century
Leoni's views on the law are distinct from those of modern thinkers, who, under the sway of legal positivism, have come to think of the precise verbal articulations by judges as being the law.
Since such an examination is at odds with both social science and legal positivism, Kratochwil calls for a different interdisciplinary epistemology.
Legal philosophy today is dominated by two schools of thought: legal positivism and natural law thinking.
Three twentieth-century developments in American law and jurisprudence--the emergence of legal positivism as the dominant legal theory, the ascendency of public law over private law, and the predominance of federal law over state law--have had a profound impact on state constitutional interpretation and have made the interpretation of this state constitutional provision a more challenging undertaking.
Unlike conventional international legal positivism, inclusive positivism acknowledges that moral obligation plays a role in the validation of human rights law consistent with the practice of human rights actors.
In his first chapter, "Democracy and Freedom," Sandefur offers a positive assessment of the Declaration and its basic presumptions, contrasting his views with those of the guiding philosophy of American legal professionals today, legal positivism.