News

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 ...
Ronald Dworkin, an innovative legal thinker who developed a novel interpretation of the moral underpinnings of the Constitution and who became respected in liberal circles for his writings on law ...
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 ...
But positivism is a product of the age of enlightenment, a relatively modern construct. In the post-enlightenment period (17th and 18th centuries), ...
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 ...
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 ...