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positivism

Aaron Preston.

in The Continuum Encyclopedia of British Philosophy

January 2006; p ublished online January 2010 .

Reference Entry. Subjects: History of Western Philosophy. 3524 words.

The word ‘positivism’ has two main uses. First, it names the philosophical and religious system of the Frenchman Auguste Comte

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Positivism

Jeffrey Goldsworthy.

in The Oxford Companion to the High Court of Australia

January 2001; p ublished online January 2007 .

Reference Entry. Subjects: Courts and Procedure. 1303 words.

‘Legal positivism’ is an ambiguous term that has been applied to a variety of philosophical theories of law. The elements

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Positivism

Seth B. Abrutyn.

in Sociology

P ublished online September 2013 .

Article. Subjects: Sociology; Comparative and Historical Sociology; Economic Sociology; Gender and Sexuality; Health, Illness, and Medicine; Population and Demography; Race and Ethnicity; Social Movements and Social Change; Social Stratification, Inequality, and Mobility; Social Theory. 6608 words.

Positivism is a philosophy of science that assumes a specific epistemological, ontological, and methodological perspective. Auguste Comte was the first to lay out the positivist position...

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Positivism

Jörg Kammerhofer.

in International Law

P ublished online March 2012 .

Article. Subjects: International Law; International Courts and Tribunals; Private International Law and Conflict of Laws; Public International Law. 8784 words.

Legal positivism means different things to different scholars, and traditions of positivism differ among legal scholarship of municipal legal systems, international law, and...

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Positivism

Jörg Kammerhofer.

in International Law

P ublished online March 2012 .

Article. Subjects: International Law; Private International Law and Conflict of Laws; Public International Law. 8784 words.

Legal positivism means different things to different scholars, and traditions of positivism differ among legal scholarship of municipal legal systems, international law, and...

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Positivism

Frederic R. Kellogg.

in Oliver Wendell Holmes Jr. and Legal Logic

March 2018; p ublished online September 2018 .

Chapter. Subjects: History of Law. 9249 words.

Lon Fuller’s 1940 attack on Holmes, and on legal positivism in general, led to widespread misunderstanding of Holmes as having “separated” law and morals. The issue of this putative...

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logical positivism

Edited by Elizabeth Knowles.

in The Oxford Dictionary of Phrase and Fable

January 2005; p ublished online January 2006 .

Reference Entry. Subjects: History of English. 30 words.

a form of positivism, developed by members of the Vienna Circle, which considers that the only meaningful philosophical problems are

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logical positivism

Overview page. Subjects: Philosophy.

A form of positivism, developed by members of the Vienna Circle, which considers that the only meaningful philosophical problems are those which can be solved by logical analysis.

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Legal positivism

in Philosophy of Law

May 2006; p ublished online September 2013 .

Chapter. Subjects: Philosophy of Law; Jurisprudence and Philosophy of Law. 6140 words.

‘Legal positivism’ describes the essential elements of this important legal theory. It examines classical legal positivism as espoused by its two great protagonists, Jeremy Bentham and John...

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Legal positivism

in Philosophy of Law

February 2014; p ublished online February 2014 .

Chapter. Subjects: Philosophy of Law; Jurisprudence and Philosophy of Law. 7170 words.

‘Legal positivism’ examines classical legal positivism as espoused by its two great protagonists, Jeremy Bentham and John Austin, as well as the approaches of modern legal positivists,...

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Sophisticated Positivism

Roger A. Shiner.

in Norm and Nature

September 1992; p ublished online March 2012 .

Chapter. Subjects: Jurisprudence and Philosophy of Law. 23510 words.

This chapter lays out sophisticated positivism as the development of lines of thought which began in simple positivism. Some of the claims of sophisticated positivism are that: (1) the law...

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Legal Positivism

Michael Sevel and Brian Leiter.

in Philosophy

P ublished online May 2010 .

Article. Subjects: Philosophy; Aesthetics and Philosophy of Art; Epistemology; Feminist Philosophy; History of Western Philosophy; Metaphysics; Moral Philosophy; Non-Western Philosophy; Philosophy of Language; Philosophy of Law; Philosophy of Mathematics and Logic; Philosophy of Mind; Philosophy of Religion; Philosophy of Science; Social and Political Philosophy. 6544 words.

Legal positivism is one of the leading philosophical theories of the nature of law, and is characterized by two theses: (1) the existence and content of law depends entirely on social facts...

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Legal Positivism

Frauke Lachenmann.

Reference Entry. Subjects: Theory of International Law; Public International Law; International Law; Law. 8432 words.

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Simple Positivism

Roger A. Shiner.

in Norm and Nature

September 1992; p ublished online March 2012 .

Chapter. Subjects: Jurisprudence and Philosophy of Law. 9233 words.

This chapter presents an account of simple positivism. It may be summarized in the following seven theses: (1) law provides a reason for action which is a reason ‘on the balance of...

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Positivism and the Pesky Sovereign

David Dyzenhaus.

in European Journal of International Law

May 2011; p ublished online May 2011 .

Journal Article. Subjects: Public International Law. 4947 words.

I argue that Hans Kelsen anticipated the main contribution of Jeremy's Waldron's article: the idea that the place of nation states in the international legal order is akin to that of...

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Part II Approaches, Ch.20 International Legal Positivism

Jörg Kammerhofer.

in The Oxford Handbook of the Theory of International Law

June 2016 .

Chapter. Subjects: Public International Law; International Law; Law. 20 pages. 9398 words.

This chapter explores the role of positivism in international law, noting that the term ‘positivism’ itself has many connotations, most of which muddy an already neglected—yet strikingly...

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Positivism in Latin America

Thomas F. Glick.

in Oxford Encyclopedia of the Modern World

January 2008; p ublished online January 2008 .

Reference Entry. Subjects: Contemporary History (Post 1945). 1119 words.

Positivism was, rather than a formal philosophy, a cast of mind that appealed to science (viewed as “positive” knowledge) as

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legal positivism since 1970

James Penner.

in The New Oxford Companion to Law

January 2008; p ublished online January 2009 .

Reference Entry. Subjects: Law. 769 words.

Two disputes about the relation between law and morality have dominated recent discussion of positivism, both deriving from issues raised

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Exclusive Legal Positivism

Andrei Marmor.

in Positive Law and Objective Values

May 2001; p ublished online January 2010 .

Chapter. Subjects: Jurisprudence and Philosophy of Law. 11585 words.

This chapter explores some of the implications of the conventional foundations of law on the debate between two main versions of legal positivism: the so-called exclusive and inclusive...

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Inclusive Legal Positivism

JULES L. COLEMAN.

in The Practice of Principle

March 2003; p ublished online January 2010 .

Chapter. Subjects: Jurisprudence and Philosophy of Law. 8873 words.

This chapter considers the differences between inclusive and exclusive legal positivism, and distinguishes the chapter’s version of inclusive legal positivism from other accounts. It argues...

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