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Already in 1913, Kelsen had identified the need for a legal theoretic framework to support the idea of the Rechtsstaat. [5]Adolf Julius Merkl [de; pt] was a student of Kelsen's who made important contributions starting in 1918 in the area of hierarchy of norms that would help underpin some of Kelsen's ideas on norms and how they fit into his pure theory of law.
In Kelsen's view, the validity of a legal norm derives from a higher norm, creating a hierarchy that ultimately rests on a "basic norm": this basic norm, not the sovereign, is the ultimate source of legal authority. In addition to Kelsen, other prominent legal positivists of the 20th century include H. L. A. Hart and Joseph Raz.
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.
Hart later paraphrased his argument: "To the extent that health care becomes a commodity it becomes distributed just like champagne. That is rich people get lots of it. Poor people don’t get any of it." [2] The Inverse Care Law is a key issue in debates about the provision of health care and health inequality. [5]
Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be.It investigates issues such as the definition of law; legal validity; legal norms and values; as well as the relationship between law and other fields of study, including economics, ethics, history, sociology, and political philosophy.
This approach has been advocated by scholars in behavioral and health economics as a promising method by which to address non-optimal consumer choices, including financial and health related behaviors (Rebecca K. Ratner et al. 2008, Kelli K. Garcia 2007, Peter Kooreman and Henriette Prast 2007).
8. Mental Health Education is the New Sex Education. According to the Hims survey, 26% of parents have educated their children about mental health (an equal percentage of moms and dads) but 90% ...
Hart was probably the most influential writer in the modern school of analytical jurisprudence, [1] [2] [3] though its history goes back at least to Jeremy Bentham. Analytical jurisprudence is not to be mistaken for legal formalism (the idea that legal reasoning is or can be modelled as a mechanical, algorithmic process).