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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. 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.
en.wikipedia.org/wiki/The_Concept_of_Law
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Jan 21, 2021 · Kramer explains how H. L. A. Hart reinvigorated legal positivism by disconnecting it from the command theory of law defended by his predecessors Bentham and Austin; by introducing through his own theory of law some new and fruitful concepts into legal thinking, such as the internal point of view, the distinction between primary and secondary ...
Jan 3, 2003 · Legal positivism is the thesis that the existence and content of law depends on social facts and not on its merits. The English jurist John Austin (1790–1859) formulated it thus: The existence of law is one thing; its merit and demerit another.
Hart’s theory of law, appearing in its most complete formulation in The Concept of Law, articulates roughly two stages for determining what the law requires (two stages of legal interpretation): the first involves the identification of legal rules, the second the identification of the requirements of these rules vis-à-vis a particular case ...
Legal positivism is a philosophy of law that emphasizes the conventional nature of law—that it is socially constructed. According to legal positivism, law is synonymous with positive norms, that is, norms made by the legislator or considered as common law or case law.
Jul 22, 2019 · There is a general consensus on the pre-eminence of Harts positivist theories; built on the works of Bentham it maintains that morality and the law are distinct concepts. [1]Hart in developing these theories introduced “the pedigree thesis [2] which is considered central to positivist theory.
Jan 12, 2023 · Originally published 1961, Hart’s book is by far the most influential statement of legal positivism in the English-speaking world of the 20th century. Hart’s style is admirably clear and accessible, so this is a suitable introduction for undergraduates as well as graduate students and scholars.
‘Legal positivism’ describes the essential elements of this important legal theory. It examines classical legal positivism as espoused by its two great protagonists, Jeremy Bentham and John Austin, as well as the approaches of modern legal positivists to the concept of law.
