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legal positivism

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analytical jurisprudence

Overview page. Subjects: Law.

A branch of legal positivism that attempts to provide analytical tools by which the law and legal concepts are most accurately and rigorously described. It involves the examination of legal...

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black-letter law

Overview page. Subjects: Law.

The known and accepted principles of law set down and established, either in legislation or case law, and ascertainable from printed sources. The established, uncontested body of law in a...

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communitarianism

Overview page. Subjects: Social Sciences.

n. an approach to ethical problems that rejects excessive emphasis on the individual and focuses instead on social cohesion and community interests, arguing that every single...

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contextualism

Overview page. Subjects: Media Studies — Philosophy.

(aesthetics)

The view that a work of art can only be understood in the context of its historical or cultural circumstances, or in the light of other works by the same artist or in...

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conventionality thesis

Overview page. Subjects: Law.

In legal positivism, the assertion that social facts give rise to legal validity, drawing authority from social convention.

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critical legal studies

Overview page. Subjects: Law.

A left-leaning movement, critical of legal liberalism, which was especially strong in the USA in the 1980s. It draws variously on Marxism, feminism, postmodernism and even American Legal...

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declaratory theory

Overview page. Subjects: Law.

(of law)

The view, associated with Blackstone and grounded in legal positivism, that judges do not make the common law, but merely find, declare and apply it. See legal formalism.

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Hans Kelsen

Overview page. Subjects: Philosophy.

(1881–1973)

Austrian jurist and philosopher of law. Kelsen is known for the most rigorous development of a ‘positivist’ theory of law, i.e. one that rigorously excludes from its...

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Herbert Lionel Adolphus Hart

Overview page. Subjects: Philosophy — Law.

(1907–92)

English philosopher of law. Hart's first career was as a lawyer; he became Fellow and Tutor in philosophy at New College, Oxford (1945–52), then professor of...

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historical jurisprudence

Overview page. Subjects: Law.

Historical jurisprudence was an influential school of jurisprudence in the nineteenth century, but one that currently has few adherents. It offered broad claims about the relationship of...

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