Difference between revisions of "Course:Law3020/2014WT1/Group R/Positivism"
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Legal Positivism is a reaction to the Natural Law Theory, as discussed by Thomas Aquinas. Positivists argue that | Legal Positivism is a reaction to the Natural Law Theory, as discussed by Thomas Aquinas. Positivists argue that | ||
| + | |||
| + | '''Austin: Law as Command''' | ||
| + | - God's law, Positive Morality, Positive Law | ||
| + | -> (1) command, (2) issued by superiors, (3) backed by sanctions | ||
| + | -> include discussion of our case | ||
| + | |||
| + | '''Modern Legal Positivism''' | ||
| + | - Hart's rule of recognition | ||
| + | -> expanding on the idea of radicalism of positivist theory -> what needs to be changed within the law? -> critique | ||
Revision as of 11:19, 7 February 2014
Positive Law as Reaction to Natural Law Theory
Legal Positivism is a reaction to the Natural Law Theory, as discussed by Thomas Aquinas. Positivists argue that
Austin: Law as Command - God's law, Positive Morality, Positive Law -> (1) command, (2) issued by superiors, (3) backed by sanctions -> include discussion of our case
Modern Legal Positivism - Hart's rule of recognition -> expanding on the idea of radicalism of positivist theory -> what needs to be changed within the law? -> critique