The doctrine of legal positivism may seem to us to be an irrelevant, abstruse philosophical exercise confined to the ivory towers of academia. The reality, however, is that it makes a huge impact on ...
This paper asserts that the judicial behavior of Justice Rehnquist is based upon a philosophy of legal positivism which informs and orders his values. Rehnquist's legal positivism is a methodology ...
The goal of this paper is to provide an accurate grounding-based formulation of positivism in the philosophy of law. I start off by discussing some simple formulations, based on the ideas that social ...
[In 1957, Professor H.L.A. Hart of Oxford University gave a lecture at Harvard, subsequently published as "Positivism and the Separation of Law and Morals, 71 Harv. J. Rev. 593 (1958). In this talk, ...
Today, as we reflect on the reinstatement of Governor Siminalayi Fubara and the Rivers State House of Assembly after a six-month suspension, it brings into sharp focus a timeless debate in governance: ...