Search results
Results from the WOW.Com Content Network
In jurisprudence and legal philosophy, legal positivism is the theory that the existence of the law and its content depend on social facts, such as acts of legislation, judicial decisions, and customs, rather than on morality. This contrasts with natural law theory, which holds that law is necessarily connected to morality in such a way that ...
In jurisprudence, "legal positivism" essentially refers to the rejection of natural law; thus its common meaning with philosophical positivism is somewhat attenuated and in recent generations generally emphasizes the authority of human political structures as opposed to a "scientific" view of law.
Legal Positivism: 5 1/2 Myths, (2001) American Journal of Jurisprudence: Vol. 46 : Iss. 1, Article 12 [PDF view/download] 'Simply In Virtue of Being Human' The Whos and Whys of Human Rights (2007) Journal of Ethics and Social Philosophy, Vol 2 No 2 (2007): Volume II, Issue 2 [PDF download]
Herbert Lionel Adolphus Hart FBA (/ h ɑːr t /; 18 July 1907 – 19 December 1992) was an English legal philosopher.One of the most influential legal theorists of the 20th century, he was instrumental in the development of the theory of legal positivism, which was popularised by his book, The Concept of Law.
The Concept of Law is a 1961 book by the legal philosopher H. L. A. Hart and his most famous work. [1] The Concept of Law presents Hart's theory of legal positivism—the view that laws are rules made by humans and that there is no inherent or necessary connection between law and morality—within the framework of analytic philosophy.
Some philosophers (see criticisms) disagree that the negative–positive rights distinction is useful or valid. Under the theory of positive and negative rights, a negative right is a right not to be subjected to an action of another person or group such as a government, usually occurring in the form of abuse or coercion.
The Inter-American Commission on Human Rights rejected an attempted assertion of the persistent objector defence in Domingues v United States (2002) on the ground that the prohibition against the juvenile death penalty to which the United States objected was not merely customary international law but jus cogens, a norm from which no derogation ...
There are also emerging and secular forms of natural law theory that define human rights as derivative of the notion of universal human dignity. [7] "Dignity" is a key term for the discussion of human rights. The Universal Declaration of Human Rights does not justify its claims on any philosophical basis, but rather it simply appeals to human ...