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legal positivism

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analytical jurisprudence

analytical jurisprudence  

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Overview Page
Subject:
Law
A branch of legal positivism that attempts to provide analytical tools by which the law and legal concepts are most accurately and rigorously described. It involves the examination of legal ...
black-letter law

black-letter law  

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Overview Page
Subject:
Law
The known and accepted principles of law set down and established, either in legislation or case law, and ascertainable from printed sources. The established, uncontested body of law in a ...
communitarianism

communitarianism  

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Overview Page
n. an approach to ethical problems that rejects excessive emphasis on the individual and focuses instead on social cohesion and community interests, arguing that every single person is embedded ...
contextualism

contextualism  

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Overview Page
Subject:
Media studies
(aesthetics)The view that a work of art can only be understood in the context of its historical or cultural circumstances, or in the light of other works by the same artist or in a surrounding ...
conventionality thesis

conventionality thesis  

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Overview Page
Subject:
Law
In legal positivism, the assertion that social facts give rise to legal validity, drawing authority from social convention.
critical legal studies

critical legal studies  

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Subject:
Law
A left-leaning movement, critical of legal liberalism, which was especially strong in the USA in the 1980s. It draws variously on Marxism, feminism, postmodernism and even American Legal Realism to ...
declaratory theory

declaratory theory  

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Overview Page
Subject:
Law
(of law)The view, associated with Blackstone and grounded in legal positivism, that judges do not make the common law, but merely find, declare and apply it. See legal formalism.[...]
Hans Kelsen

Hans Kelsen  

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Overview Page
Subject:
Philosophy
(1881–1973)Austrian jurist and philosopher of law. Kelsen is known for the most rigorous development of a ‘positivist’ theory of law, i.e. one that rigorously excludes from its analysis any ethical, ...
Herbert Lionel Adolphus Hart

Herbert Lionel Adolphus Hart  

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Overview Page
Subject:
Philosophy
(1907–92)English philosopher of law. Hart's first career was as a lawyer; he became Fellow and Tutor in philosophy at New College, Oxford (1945–52), then professor of jurisprudence at Oxford ...
historical jurisprudence

historical jurisprudence  

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Overview Page
Subject:
Law
Historical jurisprudence was an influential school of jurisprudence in the nineteenth century, but one that currently has few adherents. It offered broad claims about the relationship of society, ...
history of the philosophy of law

history of the philosophy of law  

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Overview Page
Subject:
Philosophy
The philosophical reflections recalled here are about positive law, in particular the rules and principles authoritatively declared by people who make themselves responsible for (what they claim to ...
human rights

human rights  

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Overview Page
Subject:
Law
Rights and freedom to which every human being is entitled. Protection against breaches of these rights committed by a state (including the state of which the victim is a national) may in some cases ...
indeterminacy in law

indeterminacy in law  

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Overview Page
Subject:
Philosophy
It is a view widely held among legal philosophers that, when competent lawyers dispute about the answer to some difficult question of law, there is generally no single right answer—the ...
interpretive theory of law

interpretive theory of law  

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Overview Page
Subject:
Law
Ronald Dworkin's theory of adjudication in Law's Empire (1978) that there is a right answer to a hard (controversial) case as opposed to discretion to decide it (see right answer ...
John Austin

John Austin  

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Philosophy
(1790–1859)British philosopher of law. Born in London, after a brief career in the army Austin was called to the Bar in 1818. With his wife, Sarah Taylor, he was closely associated with Bentham and ...
John Finnis

John Finnis  

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Subject:
Philosophy
(1940– ).Legal philosophy has been influenced by his assault on standard oppositions between natural law and legal positivism.Oxford jurisprudence tutor from 1967, Professor of Law and Legal ...
Joseph Raz

Joseph Raz  

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Overview Page
Subject:
Philosophy
(1941– ).Legal, moral, and political philosopher, based in Oxford since 1970. Principally known for three theories. First, a conception of authority invoking second-order practical reasons, reasons ...
jurisprudence

jurisprudence  

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Overview Page
Subject:
Law
N.The theoretical analysis of legal issues at the highest level of abstraction. Jurisprudence may be distinguished from both legal theory and the philosophy of law by its concern with those questions ...
law and morals

law and morals  

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Overview Page
Subject:
Philosophy
Legal philosophers have debated three views about the connection between legal and moral truth—between what the law is and what it should be.One view—legal positivism—insists that legal reasoning is ...
legal formalism

legal formalism  

Reference type:
Overview Page
Subject:
Law
Constitutional interpretation strictly according to the contents of established black-letter law, which sets out to reach legal conclusions by formal analysis of those principles, rather than ...

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