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  2. Legal positivism - Wikipedia

    en.wikipedia.org/wiki/Legal_positivism

    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.

  3. Pure Theory of Law - Wikipedia

    en.wikipedia.org/wiki/Pure_Theory_of_Law

    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.

  4. H. L. A. Hart - Wikipedia

    en.wikipedia.org/wiki/H._L._A._Hart

    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 ...

  5. (Jury Trial) Vol. I - January 23, 2015 Pledger v. Janssen, et al.

    highline.huffingtonpost.com/miracleindustry/...

    Pledger v. Janssen, et al. - PLEDGER, et al. -vs- JANSSEN, et al. - Page 17 1 reason it's a problem is because it's not 2 filtered. 3 See, here we have evidence that comes 4 in and then it gets filtered by the Rules of 5 Evidence and I -- we get to apply some laws 6 to it, and then you consider that as 7 filtered. Not so when it's on the Internet.

  6. Non-publication of legal opinions in the United States

    en.wikipedia.org/wiki/Non-publication_of_legal...

    An unpublished opinion is a decision of a court that is not available for citation as precedent because the court deems the case to have insufficient precedential value. In the system of common law, each judicial decision becomes part of the body of law used in future decisions. However, some courts reserve certain decisions, leaving them ...

  7. Hart–Dworkin debate - Wikipedia

    en.wikipedia.org/wiki/Hart–Dworkin_debate

    The Hart–Dworkin debate is a debate in legal philosophy between H. L. A. Hart and Ronald Dworkin. At the heart of the debate lies a Dworkinian critique of Hartian legal positivism, specifically, the theory presented in Hart's book The Concept of Law. While Hart insists that judges are within bounds to legislate on the basis of rules of law ...

  8. Hart–Fuller debate - Wikipedia

    en.wikipedia.org/wiki/Hart–Fuller_debate

    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 ...

  9. Uganda v Commissioner of Prisons, Ex Parte Matovu - Wikipedia

    en.wikipedia.org/wiki/Uganda_v_Commissioner_of...

    Political Question Doctrine, Kelsen theory, legality of government and Constitution, legal order Uganda v. Commissioner of Prisons, Ex Parte Michael Matovu, [ 1 ] [1966] 1 EA 514, is a decision of the High Court of Uganda in which Hans Kelsen 's "General Theory on Law and State" [ 2 ] and the Political Question Doctrine were considered in ...

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