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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.
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.
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.
The Hart–Fuller debate is an exchange between the American law professor Lon L. Fuller and his English counterpart H. L. A. Hart, published in the Harvard Law Review in 1958 on morality and law, which demonstrated the divide between the positivist and natural law philosophy. Hart took the positivist view in arguing that morality and law were ...
10 A lot of it's fake. 11 So that's -- so I'm letting you know 12 really up front how important it is. Because 13 in the end, you will find out in this case --14 or many of these cases -- that we're going to 15 hear from expert witnesses who are some of 16 the world's most experts in their expertise, 17 in what they're going to talk to you about.
in the court of common pleas of philadelphia county first judicial district of pennsylvania civil trial division ----- in re: risperdal® litigation :
H. L. A. 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). Indeed, it ...
Herbert Lionel Adolphus Hart was born on 18 July 1907, [4] the son of Rose Samson Hart and Simeon Hart, in Harrogate, [5] to which his parents had moved from the East End of London. His father was a Jewish tailor of German and Polish origin; his mother, of Polish origin, daughter of successful retailers in the clothing trade, handled customer ...