Construct · 1 fields · 1 citations

legal positivism: a standalone construct

One name. One construct. A landmark on the map.

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legalpositivism1 CONSTRUCTLegal positivismHART · JURISPRUDENCE

A single standalone construct; nearby constructs are located against it in the Collider. Tap a field for its definition, unit, and measures.

Jurisprudence

the view that what the law is and what the law ought to be are separate questions.

In jurisprudence, legal positivism refers to the view that what the law is and what the law ought to be are separate questions. This meaning comes from Hart (1958) in Harvard Law Review.[1]

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Nearby constructs

penumbra2 fields · 2 citationsjingle · one word, two constructsseparability thesis1 fields · 1 citationsanchor · a standalone constructexclusive legal positivism1 fields · 1 citationsanchor · a standalone construct

References

  1. Hart, H. L. A. (1958). Positivism and the Separation of Law and Morals. Harvard Law Review, 71(4), 593. https://doi.org/10.2307/1338225

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