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Showing 1 to 11 of 11 for “"Legal Positivism"”.
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Islamic Legal Positivism : Reforming Islamic Jurisprudence Using the Equity
Authoritative legal sources from which laws are derived are the decisive factors that determine the prosperity or failure of a nation. The ancient legal sources can be properly categorized as those sources most likely contribute to misery. In contrast, modern legal sources like public interest, …
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Tyranny on trial : the politics of natural law and legal positivism in the Federal Republic of Germany
Thesis (Ph. D.)--Massachusetts Institute of Technology, Dept. of Political Science, 1997.
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The Grounding Of Effective Aristotelian Law
… for this explanation are natural law theory and legal positivism; however, this paper will build off the work of Donald Schroeder to show that neither theory is a tenable explanation for the grounding of Aristotelian law. Although Schroeder rejects natural law and positivism as appropriate …
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The legal fact as a work of art : artificial intelligence and the pragmatics of legal interpretation
Modern legal theory rests on a premise that in revealing a legal concept we are revealing reality. This traditional (Kantian) approach is reflected most acutely in legal positivism. The position of the legal positivist is that of law as constitutive of facts. The fact is our description of …
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Carl Schmitt's Historicity between Theology and Technology
… and political context, but he himself viewed legal and political concepts as historically contingent. The first chapter reconstructs the ‘canonization’ of Carl Schmitt in the field of political theory, focusing on the reception and sanitization of his work in English language scholarship. The …
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Prolegomena to a postmodern theory of law
… law has stalled because it presumes the model of legal reasoning asserted by legal positivism. An adequate model of legal reasoning must relate legal rules to social goals and must respond to critical perspectives. No existing legal theory accomplishes these tasks. This thesis asserts that …
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An evaluation of aspects of group areas legislation in South Africa
… the racial groups defined in the Act. Existing legal publications which deal with group areas in a comprehensive way generally cover only the 'black letter' aspects of the law involved and are presently outdated in certain important respects. In the present study (which covers the period up to …
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The inconsistent application of the status of the foetus under South African law: Comparative insights from the UK, Kenya and Colorado
In South African law, legal personality is conferred only upon live birth, in line with the common law “born alive” rule. Under this rule, a foetus is not considered a legal subject and therefore cannot hold rights or duties in law. However, this position is challenged by statutory provisions that …
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Responsibility Sharing in International Refugee Law: Towards Differentiated Legal Obligations
… and existing inequities between states within legal arrangements. On a technical-legal design level, these multilateral responsibility sharing regimes are facilitative and flexible, reducing the sovereignty costs of entering into a binding agreement and therefore appealing to states. Crucially, …
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In Search of the Constitution: How the Constitution Generated the Public Power in South Korea (1963-1979)
This study challenges the positivist view of the Korean Constitution, which sees it merely as an assemblage of rules and statutes defining its citizens’ status and setting out codes of conduct for the government, or mapping the government’s institutional arrangements. Prevalent in Korean …