legal positivism


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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).
Collins Dictionary of Sociology, 3rd ed. © HarperCollins Publishers 2000
References in periodicals archive ?
The Dead End of Legal Positivism and the Retrieval of its Raison D'Etre
(45.) Legal positivism is the "view of law which advocates the study of actual legal systems, and eschews the search for independent justifications in terms of *natural law: i.e.
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.).
(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".
Legal positivism or "pragmatism" is ultimately amoral and dangerous--whether exemplified by the antebellum South or its subsequent Jim Crow segregation, or Nazism, or South African apartheid, or communist "people's republics," or in the abortion license of Roe v.
Law theories have been fiercely challenged by the legal positivism
Since such an examination is at odds with both social science and legal positivism, Kratochwil calls for a different interdisciplinary epistemology.