Law and Legal positivism

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Difference between Law and Legal positivism

Law vs. Legal positivism

Law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. Legal positivism is a school of thought of analytical jurisprudence, largely developed by eighteenth- and nineteenth-century legal thinkers such as Jeremy Bentham and John Austin.

Basic norm

Basic norm (Grundnorm) is a concept in the Pure Theory of Law created by Hans Kelsen, a jurist and legal philosopher.

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Contract

A contract is a promise or set of promises that are legally enforceable and, if violated, allow the injured party access to legal remedies.

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David Hume

David Hume (born David Home; 7 May 1711 NS (26 April 1711 OS) – 25 August 1776) was a Scottish philosopher, historian, economist, and essayist, who is best known today for his highly influential system of philosophical empiricism, skepticism, and naturalism.

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H. L. A. Hart

Herbert Lionel Adolphus Hart, FBA (18 July 1907 – 19 December 1992), usually cited as H. L. A. Hart, was a British legal philosopher, and a major figure in political and legal philosophy.

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Hans Kelsen

Hans Kelsen (October 11, 1881 – April 19, 1973) was an Austrian jurist, legal philosopher and political philosopher.

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Immanuel Kant

Immanuel Kant (22 April 1724 – 12 February 1804) was a German philosopher who is a central figure in modern philosophy.

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Interpretivism (legal)

Interpretivism is a school of thought in contemporary jurisprudence and the philosophy of law.

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Jeremy Bentham

Jeremy Bentham (15 February 1748 – 6 June 1832) was an English philosopher, jurist, and social reformer regarded as the founder of modern utilitarianism.

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John Austin (legal philosopher)

John Austin (3 March 1790 – 1 December 1859) was a noted English legal theorist who strongly influenced British and American law with his analytical approach to jurisprudence and his theory of legal positivism.

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Joseph Raz

Joseph Raz (יוסף רז; born 21 March 1939) is an Israeli legal, moral and political philosopher.

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Law's Empire

Law's Empire is a 1986 text in legal philosophy by the late Oxford scholar Ronald Dworkin which continues his criticism of the philosophy of legal positivism as promoted by H.L.A. Hart during the middle to late 20th century.

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Leviathan (Hobbes book)

Leviathan or The Matter, Forme and Power of a Common-Wealth Ecclesiasticall and Civil—commonly referred to as Leviathan—is a book written by Thomas Hobbes (1588–1679) and published in 1651 (revised Latin edition 1668). Its name derives from the biblical Leviathan. The work concerns the structure of society and legitimate government, and is regarded as one of the earliest and most influential examples of social contract theory. Leviathan ranks as a classic western work on statecraft comparable to Machiavelli's The Prince. Written during the English Civil War (1642–1651), Leviathan argues for a social contract and rule by an absolute sovereign. Hobbes wrote that civil war and the brute situation of a state of nature ("the war of all against all") could only be avoided by strong, undivided government.

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Max Weber

Maximilian Karl Emil "Max" Weber (21 April 1864 – 14 June 1920) was a German sociologist, philosopher, jurist, and political economist.

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Natural law

Natural law (ius naturale, lex naturalis) is a philosophy asserting that certain rights are inherent by virtue of human nature, endowed by nature—traditionally by God or a transcendent source—and that these can be understood universally through human reason.

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Ronald Dworkin

Ronald Myles Dworkin, FBA (December 11, 1931 – February 14, 2013) was an American philosopher, jurist, and scholar of United States constitutional law.

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Rule according to higher law

The rule according to a higher law means that no law may be enforced by the government unless it conforms with certain universal principles (written or unwritten) of fairness, morality, and justice.

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Social constructionism

Social constructionism or the social construction of reality (also social concept) is a theory of knowledge in sociology and communication theory that examines the development of jointly constructed understandings of the world that form the basis for shared assumptions about reality.

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The Concept of Law

The Concept of Law is the most famous work of the legal philosopher H. L. A. Hart.

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Thomas Hobbes

Thomas Hobbes (5 April 1588 – 4 December 1679), in some older texts Thomas Hobbes of Malmesbury, was an English philosopher who is considered one of the founders of modern political philosophy.

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Translating "law" to other European languages

The translation of "law" to other European languages faces several difficulties.

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