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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]
In his 1958 debate with Hart and more fully in The Morality of Law (1964), Fuller sought to steer a middle course between traditional natural law theory and legal positivism. Like most legal academics of his day, Fuller rejected traditional religious forms of natural law theory , which view human law as rooted in a rationally knowable and ...
John Bordley Rawls (/ r ɔː l z /; [2] February 21, 1921 – November 24, 2002) was an American moral, legal and political philosopher in the modern liberal tradition. [3] [4] Rawls has been described as one of the most influential political philosophers of the 20th century.
In this sense, the term positivism is derived from Latin positus, the past participle of ponere, meaning "to place" or "to put". [citation needed] Legal positivism holds that laws are rules established (that is, "posited") by human beings, and that this act of positing the law makes it authoritative and binding. [1] [better source needed]
The Curious Strength of Positivism in English Political Thought. London: Oxford University Press. Ardao, Arturo. 1963. "Assimilation and Transformation of Positivism in Latin America." Journal of the History of Ideas 24 (4):515–22. Bevir, Mark (1993). "Ernest Belfort Bax: Marxist, Idealist, Positivist". Journal of the History of Ideas. 54 (1 ...
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.
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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 ...