The doctrine of legal positivism may seem to us to be an irrelevant, abstruse philosophical exercise confined to the ivory towers of academia. The reality, however, is that it makes a huge impact ...

Politics. Dred Scott's Revenge By applying positivism instead of natural law, 19th century courts burdened American racial history to this day. Andrew Napolitano | 5.14.2009 10:30 AM ...

The schism between legal positivism and natural law is nowhere more apparent than how morally abhorrent legal systems are treated. Nazi law is considered an example of legal positivism. But even the ...

legal theory: legal process: lon ... Positivism and Fidelity to Law - A Reply to Professor Hart: 71 Harv. L. Rev. 630, 661-64 (1958) [In 1957, Professor H.L.A. Hart of Oxford University gave a lecture ...

Instead, they are taught legal positivism or ‘pure law’. Pure law is the teaching of law without the ‘baggage’ of the social sciences: without history, politics, philosophy, morality or ...

But positivism is a product of the age of enlightenment, a relatively modern construct. In the post-enlightenment period (17th and 18th centuries), ...

Among various theories applicable for law-making, the ideas of naturalism and positivism are often referred to. The concept of natural law is probably as ancient as 2500-year-old.