legal positivist

legal positivist
прихильник позитивізму у правознавстві, прихильник правового позитивізму

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  • Legal formalism — is a legal positivist view in philosophy of law and jurisprudence. While Jeremy Bentham s legal positivism can be seen as appertaining to the legislature, legal formalism appertains to the Judge; that is, formalism does not (as positivists do)… …   Wikipedia

  • Legal positivism — is a school of thought in jurisprudence and the philosophy of law. The principal claims of legal positivism are that:* laws are rules made, whether deliberately or unintentionally, by human beings; * there is no inherent or necessary connection… …   Wikipedia

  • Legal pluralism — allows for moral laws that are unwritten as formal laws. These laws include religious accommodations that are unjustified to receive a full pedigree and hence in the eyes of a positivist, law.Sources of such pluralist laws include the Koran,… …   Wikipedia

  • Legal Process — The legal process school (sometimes legal process theory ) was a movement within American law that attempted to chart a third way between legal formalism and legal realism. Drawing its name from Hart Sacks textbook The Legal Process (along with… …   Wikipedia

  • Critical legal studies — is a movement in legal thought that applied methods similar to those of critical theory (the Frankfurt School) to law. The abbreviations CLS and Crit are sometimes used to refer to the movement and its adherents. Contents 1 History 2 Themes 3… …   Wikipedia

  • John Austin (legal philosopher) — John Austin (1790 1859) was a noted British jurist and published extensively concerning the philosophy of law and jurisprudence.Austin served with the British Army in Sicily and Malta, but sold his officer s commission to study law. He became a… …   Wikipedia

  • Jurisprudence — For the jurisprudence of courts, see Case law. Philosophers of law ask what is law? and what should it be? Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists (including legal philosophers and social… …   Wikipedia

  • Timeline of Western philosophers — A wide ranging list of philosophers from the Western traditions of philosophy. Included are not only philosophers (Socrates, Plato), but also those who have had a marked importance upon the philosophy of the day.The list stops at the year 1950,… …   Wikipedia

  • Gustav Radbruch — (November 21, 1878 November 23, 1949) was a German law professor and political figure.LifeBorn at Lübeck, Radbruch studied law in Munich, Leipzig and Berlin. He passed his first bar exam ( Staatsexamen ) in Berlin in 1901, and the following year… …   Wikipedia

  • Mishpat Ivri — (Hebrew משפט עברי Hebrew law or Jewish/Hebrew jurisprudence .) In content, Mishpat Ivri refers to those aspects of Halakha ( traditional Jewish law ) that many in modern society generally consider relevant to non religious or secular law. In… …   Wikipedia

  • Hanina Ben-Menahem — is an Oxford trained scholar at the Hebrew University of Jerusalem who specializes in Jewish law (Halakha).Ben Menahem is critical of the legal positivist approach that dominates Mishpat Ivri, a comparative legal approach to Halakha.He argues… …   Wikipedia

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