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Keywords: legal positivism
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Hart's Conception of Law
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Neil MacCormick
Published: 05 May 2008
... to make about Hart's legal positivism concerns the relative indeterminacy of social rules and thus also of legal rules. delicts games jurisprudence legal positivism primary and secondary rules rules of adjudication capacity competence contracts punishment adjudication and rule of recognition...
Chapter
The Italian Style: Doctrine
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Michael A. Livingston and others
Published: 21 October 2015
...This chapter traces the development of a distinct Italian “style,” which is characterized by an inclination toward legal positivism; a reluctance to consider nonlegal disciplines, notably philosophy, economics, and the remaining social sciences, in legal scholarship; and a tendency, extreme even...
Chapter
Published: 17 May 2011
... prominent theories of judicial decision making, each of which fails to reconcile the certainty and legitimacy requirements: legal realism, legal positivism, and legal hermeneutics. This chapter examines Habermas's discourse theory and the theory and practice of adjudication and compares his ideas...
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Law, Morality, and Positivism
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Neil MacCormick
Published: 05 May 2008
... and conceptual distinctness of morality and law. Finally, it assesses Hart's legal theory as a certain kind of “legal positivism.” coercion Committee on Homosexual Offences and Prostitution critical morality Law Liberty and Morality Hart libertarian principle and legal moralism morality natural rights...