Legal positivism
Classical Legal Positivism in International Law Revisited
... classical legal positivism, without seeing how their own approaches adopted the same assumptions which had failed pre-war ...‘modern positivism’ which characterises much of today’s mainstream ...
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Exclusive legal positivism and legal autopoiesis : towards a theory of dialectical positivism
... Exclusive legal positivism is usually said to be sceptical to the role legal interpretation plays in deciding legal cases: in plain cases there is no need for interpretation, in hard cases the ...
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One Myth of the Classical Natural Law Theory: Reflecting on the 'Thin' view of Legal Positivism
... of legal positivism, which includes the possibility of recognising actions of engagement with the law that are ...of legal positivism presupposes an empirical view of human action, and that ...
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Exclusive legal positivism and legal autopoiesis : towards a theory of dialectical positivism
... Exclusive legal positivism is usually said to be sceptical to the role legal interpretation plays in deciding legal cases: in plain cases there is no need for interpretation, in hard cases the ...
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Democracy, the Constitution, and Legal Positivism in America: Lessons from a Winding and Troubled History
... of legal positivism in the United States after the Civil War and the way successive generations of Americans interpreted positivist ideas to develop their theories of democracy and ...of positivism ...
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Legal Positivism, Natural Law and the Constitution
... Irish legal system is thus inconsistent with normative legal positivism: the unenumerated rights doctrine leaves open the possibility that all unjust rules can be overturned once they are sought to ...
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The politics of legal positivism : a reply to David Dyzenhaus
... of legal theory is to explain why judges’ pro nouncements are authoritative statements of pre-existing rights and ...of legal theory implicit in Dyzenhaus’ argument bypasses the very question that Hart’s ...
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The Authority of International Law - A study in international legal positivism
... internal legal order and the extent to which it is enforced by individual states as there is no coercive institutionalized international legal order in ...international legal order with the authority ...
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Legislative Intentions, Legislative Supremacy, and Legal Positivism
... in legal realist terms, which depict the judges as exercising supreme legislative power according to political rather than legal ...that legal positivists—and for that matter anyone else—who would ...
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In Defense of Modern Legal Positivism
... Hart has been assiduous in stressing the limited importance of legal validity." The presence of legal obligation is not, by any means, conclusive of questions [r] ...
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Legal Theory and the Variety of Legal Cultures
... This brand of legal positivism is therefore much more prescriptive about the role of courts than is the first. Judges must confine themselves to looking for existing law to apply to fresh cases, and if the ...
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ETHICAL POSITIVISM: A REPLY FOR LEGAL INJUSTICE
... Legal Positivism on the other hand, which is opposed to all forms of naturalism, is roughly constituted by three theoretical commitments: (i) the Social Fact Thesis, (ii) the Conventionality Thesis, and ...
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The Connectivity of Administrative Acts in the Legal State and the Legal Order
... of legal state in the formal-legal aspect, while some others have supported the material-legal ...of legal state in the formal- legal aspect, starting from the formal side of state ...
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The legal education legal practice relationship: a critical evaluation
... It has been argued that those charged with providing the lectures grew less and less inclined to provide them 98 . At the root of their objections were time and money- the lecturers could make money pursuing legal ...
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The Legal Innovation Matrix Legal market insight
... of legal services, the Legal Innovation Matrix provides insight on whether you actually need to buy legal services and if so, what type of provider to choose depending on the actual business ...find ...
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Legal aid towards an understanding of our legal rights
... nearest Legal l~id Bureau is situc:t,~d.,Rather the main ques td onjaaked by us is what rights do we have that would entitle us to legal redress, be it 'via the Legal Aid Bureau or other[r] ...
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Legal awareness and legal culture in the development of the institution of administrative and legal regulation of relations in the environmental field
... of legal awareness and legal culture of administrative and legal regulation of relations of environmental ...competent legal culture in the e�ercise of power, designed to perform the tasks and ...
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Religion and morality in the philosopy of education : a dissertation on the positivism of D J O'Connor's "Introduction to the philosophy of education" with special reference to the final chapter
... If this is so then another question is raised: "Where are such statements, derived?" Using O'Connor's rather misleading terminology, the question is, "Where do moral codes cone from if t[r] ...
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Wind Energy: Legal Issues and Legal Barriers
... Wind Energy Legal Issues and Legal Barriers SMU Law Review Volume 31 | Issue 5 Article 3 1977 Wind Energy Legal Issues and Legal Barriers Rita F Taubenfeld Howard J Taubenfeld Follow this and addition[.] ...
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Legal Transplants and Their Impact on Kosovo's Legal System
... However, what remains an issue is the imposition of various solutions by international actors without a transition in a narrow sense of the word. The main challenge is not only to adopt legal texts but adapting ...
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