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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.
Legal realists contend that these traditions are historical and social phenomena and should be explained by psychological and sociological hypotheses, conceiving of legal phenomena as determined by human behavior that should be investigated empirically, rather than according to theoretical assumptions about the law.
Second, the "separation thesis": law and morality are conceptually distinct phenomena and therefore a norm can belong to the law even if is unjust or unfair. [4] [5] On the bedrock of these two shared assumptions, the two theories differ in their interpretation of how morality might influence law.
In philosophy and science, a first principle is a basic proposition or assumption that cannot be deduced from any other proposition or assumption. First principles in philosophy are from first cause [1] attitudes and taught by Aristotelians, and nuanced versions of first principles are referred to as postulates by Kantians.
Starting from these eight tautologies and a tacit use of the "rule" of substitution, PM then derives over a hundred different formulas, among which are the Law of Excluded Middle 1.71, and the Law of Contradiction 3.24 (this latter requiring a definition of logical AND symbolized by the modern ⋀: (p ⋀ q) = def ~(~p ⋁ ~q).
If laws are applied too strictly and mechanically, the law cannot keep pace with social innovation. Similarly, if there is an entirely new situation, a return to the policies forming the basic assumptions underpinning potentially relevant rules of law identifies the best guidelines for resolving the immediate dispute.
Abstraction principle (law) Acquiescence; Act of state doctrine; Actio libera in causa; Administration of justice; Agent of record; Aggregate effects doctrine; Alternative liability; Assignment of income doctrine; Assumption of risk; Assured clear distance ahead; Attractive nuisance doctrine; Attribution (law) Audi alteram partem
Finally, CLS questions law's central assumptions, one of which is the Kantian notion of the autonomous individual. [29] The law often treats individual petitioners as having full agency vis-à-vis their opponents. They are able to make decisions based on reason that is detached from political, social, or economic constraints.