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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 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 ...
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).
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The Hart–Devlin debate was a famous debate in the mid-twentieth century between legal philosophers Patrick Devlin and H. L. A. Hart about whether the law is a ...
Get ready for all of today's NYT 'Connections’ hints and answers for #585 on Thursday, January 16, 2025. Today's NYT Connections puzzle for Thursday, January 16, 2025The New York Times.
Dec. 28: United States 5, Latvia 1. Danny Nelson scored two goals, including 1:58 into the first period. The USA got goals from Ryan Leonard, Zeev Buium and Nelson in the second period to pull away.