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20 lip 2015 · This essay traces the developments which led to the narrowly analytical view of legal positivism, and argues that positivism is much better understood as a series of peculiarly potent reflections on the rule of law: Hobbes’s answers to the questions of social order and the authority of law are often highly unsatisfactory; but it is his ...
- Legal Positivism and the Moral Origins of Legal Systems
This paper explores the relationship between the historical...
- Legal Positivism and the Moral Origins of Legal Systems
Our original question may, therefore, be broken up into two parts and rephrased. (1) To what extent is the theory of utility a sufficient doc-trine - as against the natural law approach - for use in evaluating posi-tive law? (2) Despite the fact that Austin was aware of an ethical influence on law (in the form of utilitarianism), is the whole ...
3 sty 2003 · Legal positivism is the thesis that the existence and content of law depends on social facts and not on its merits. The English jurist John Austin (1790-1859) formulated it thus: “The existence of law is one thing; its merit and demerit another.
Positivist ideas were given their first systematic development by Jeremy Bentham (1748-1832) and John Austin (1790-1859). These theorists had specific conceptions of law and morality from which later positivists have diverged.
This paper explores the relationship between the historical concept of law as reflected in the use of legal terminology by ordinary legal officials, and legal positivism, widely credited as being the leading theory of law in contemporary analytic jurisprudence.
Legal positivists maintain that the legality of a rule is fundamentally determined by social facts. Yet for much of legal history, ordinary officials used legal terminology in ways that seem incon-sistent with positivism.
Hart’s positivist theory of law is, then, “impure”: contrary to Kelsen, Hart claimed that the normative character of law can be explained in terms of complicated facts about the behaviour and attitudes of officials of the legal system, primarily judges.
