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Legal Positivism
Legal positivism (as understood in the Anglosphere) is a school of thought of analytical jurisprudence developed largely by legal philosophers during the 18th and 19th centuries, such as Jeremy Bentham and John Austin. While Bentham and Austin developed legal positivist theory, empiricism provided the theoretical basis for such developments to occur. The most prominent legal positivist writer in English has been H. L. A. Hart, who, in 1958, found common usages of "positivism" as applied to law to include the contentions that: * laws are commands of human beings; * there is not any necessary relation between law and morality, that is, between law as it is and as it ought to be; * analysis (or study of the meaning) of legal concepts is worthwhile and is to be distinguished from history or sociology of law, as well as from criticism or appraisal of law, for example with regard to its moral value or to its social aims or functions; * a legal system is a closed, logical system in which ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anglosphere
The Anglosphere is a group of English-speaking world, English-speaking nations that share historical and cultural ties with England, and which today maintain close political, diplomatic and military co-operation. While the nations included in different sources vary, the Anglosphere is usually not considered to include all countries where English is an official language, so it is not synonymous with anglophone, though the nations that are commonly included were all once part of the British Empire. The definition is usually taken to include Australia, Canada, New Zealand, the United Kingdom, and the United States in a grouping of developed countries called the core Anglosphere. This term can also encompass Republic of Ireland, Ireland and less frequently Malta and the Commonwealth Caribbean countries such as Antigua and Barbuda, the Bahamas, Barbados, Belize, Dominica, Grenada, Guyana, Jamaica, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, and Trinidad and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
David Hume
David Hume (; born David Home; 7 May 1711 NS (26 April 1711 OS) – 25 August 1776) Cranston, Maurice, and Thomas Edmund Jessop. 2020 999br>David Hume" ''Encyclopædia Britannica''. Retrieved 18 May 2020. was a Scottish Enlightenment philosopher, historian, economist, librarian, and essayist, who is best known today for his highly influential system of philosophical empiricism, scepticism, and naturalism. Beginning with '' A Treatise of Human Nature'' (1739–40), Hume strove to create a naturalistic science of man that examined the psychological basis of human nature. Hume argued against the existence of innate ideas, positing that all human knowledge derives solely from experience. This places him with Francis Bacon, Thomas Hobbes, John Locke, and George Berkeley as an Empiricist. Hume argued that inductive reasoning and belief in causality cannot be justified rationally; instead, they result from custom and mental habit. We never actually perceive that one event caus ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hans Kelsen
Hans Kelsen (; ; October 11, 1881 – April 19, 1973) was an Austrian jurist, legal philosopher and political philosopher. He was the author of the 1920 Austrian Constitution, which to a very large degree is still valid today. Due to the rise of totalitarianism in Austria (and a 1929 constitutional change), Kelsen left for Germany in 1930 but was forced to leave his university post after Hitler's seizure of power in 1933 because of his Jewish ancestry. That year he left for Geneva and later moved to the United States in 1940. In 1934, Roscoe Pound lauded Kelsen as "undoubtedly the leading jurist of the time". While in Vienna, Kelsen met Sigmund Freud and his circle, and wrote on the subject of social psychology and sociology. By the 1940s, Kelsen's reputation was already well established in the United States for his defense of democracy and for his Pure Theory of Law. Kelsen's academic stature exceeded legal theory alone and extended to political philosophy and social theory ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Immanuel Kant
Immanuel Kant (, , ; 22 April 1724 – 12 February 1804) was a German philosopher and one of the central Enlightenment thinkers. Born in Königsberg, Kant's comprehensive and systematic works in epistemology, metaphysics, ethics, and aesthetics have made him one of the most influential figures in modern Western philosophy. In his doctrine of transcendental idealism, Kant argued that space and time are mere "forms of intuition" which structure all experience, and therefore that, while " things-in-themselves" exist and contribute to experience, they are nonetheless distinct from the objects of experience. From this it follows that the objects of experience are mere "appearances", and that the nature of things as they are in themselves is unknowable to us. In an attempt to counter the skepticism he found in the writings of philosopher David Hume, he wrote the '' Critique of Pure Reason'' (1781/1787), one of his most well-known works. In it, he developed his theory of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Hans Kelsen (Nr
Hans Kelsen (; ; October 11, 1881 – April 19, 1973) was an Austrian jurist, legal philosopher and political philosopher. He was the author of the 1920 Austrian Constitution, which to a very large degree is still valid today. Due to the rise of totalitarianism in Austria (and a 1929 constitutional change), Kelsen left for Germany in 1930 but was forced to leave his university post after Hitler's seizure of power in 1933 because of his Jewish ancestry. That year he left for Geneva and later moved to the United States in 1940. In 1934, Roscoe Pound lauded Kelsen as "undoubtedly the leading jurist of the time". While in Vienna, Kelsen met Sigmund Freud and his circle, and wrote on the subject of social psychology and sociology. By the 1940s, Kelsen's reputation was already well established in the United States for his defense of democracy and for his Pure Theory of Law. Kelsen's academic stature exceeded legal theory alone and extended to political philosophy and social theory as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contract Law
A contract is a legally enforceable agreement between two or more parties that creates, defines, and governs mutual rights and obligations between them. A contract typically involves the transfer of goods, services, money, or a promise to transfer any of those at a future date. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or rescission. Contract law, the field of the law of obligations concerned with contracts, is based on the principle that agreements must be honoured. Contract law, like other areas of private law, varies between jurisdictions. The various systems of contract law can broadly be split between common law jurisdictions, civil law jurisdictions, and mixed law jurisdictions which combine elements of both common and civil law. Common law jurisdictions typically require contracts to include consideration in order to be valid, whereas civil and most mixed law jurisdictions solely require a meeting of the min ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Austin
John Austin may refer to: Arts and entertainment * John P. Austin (1906–1997), American set decorator *Johnny Austin (1910–1983), American musician * John Austin (author) (fl. 1940s), British novelist Military *John Austin (soldier) (1801–1833), active in early settlement of Mexican Texas * John Arnold Austin (1905–1941), United States Navy warrant officer * John Beech Austin (1917–2012), British aviator in World War II Politics *John Gardiner Austin (1812–1900), British colonial secretary of Hong Kong *Sir John Austin, 1st Baronet (1824–1906), British politician, MP for Osgoldcross *John Austin (politician) (born 1944), British politician, MP Religion * John Austin (1613–1669), English Catholic theologian and writer * John Austin (Jesuit) (1717–1784), Irish Jesuit *John Mather Austin (1805–1880), American Universalist clergyman * John Austin (bishop) (1939–2007), British bishop of Aston Sports *John Austin (cricketer) (1871–1956), Barbadian crickete ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cambridge University Press
Cambridge University Press is the university press of the University of Cambridge. Granted letters patent by Henry VIII of England, King Henry VIII in 1534, it is the oldest university press A university press is an academic publishing house specializing in monographs and scholarly journals. Most are nonprofit organizations and an integral component of a large research university. They publish work that has been reviewed by schola ... in the world. It is also the King's Printer. Cambridge University Press is a department of the University of Cambridge and is both an academic and educational publisher. It became part of Cambridge University Press & Assessment, following a merger with Cambridge Assessment in 2021. With a global sales presence, publishing hubs, and offices in more than 40 Country, countries, it publishes over 50,000 titles by authors from over 100 countries. Its publishing includes more than 380 academic journals, monographs, reference works, school and uni ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Leviathan (Hobbes Book)
''Leviathan or The Matter, Forme and Power of a Commonwealth 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. Written during the English Civil War (1642–1651), it 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 be avoided only by strong, undivided government. Content Title The title of Hobbes's treatise alludes to the Leviathan mentioned in the Book of Job. In contrast to the simply informative titles usually given to works of early modern political philosophy, such as John Locke's ''Two Treatises of Government'' or Hobbes' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Julius Stone
Julius Stone (7 July 1907 – 1985) was Challis Professor of Jurisprudence and International Law at the University of Sydney from 1942 to 1972, and thereafter a visiting Professor of Law at the University of New South Wales and concurrently Distinguished Professor of Jurisprudence and International Law at the Hastings College of Law, University of California. He is the author of 27 books on jurisprudence and international law, and is hailed by his official biography at the Julius Stone Institute of Jurisprudence as one of the premier legal theorists.Biography of Julius Stone , Julius Stone Institute of Jurisprudence, Sydney Law School, University of Sydney. URL accessed 5 May 2006. Early life Stone was born in |
Experimental Jurisprudence
Experimental jurisprudence (X-Jur) is an emerging field of legal scholarship that explores the nature of legal phenomena through psychological investigations of legal concepts. The field departs from traditional analytic legal philosophy in its ambition to elucidate common intuitions in a systematic fashion employing the methods of social science. Equally, unlike research in legal psychology, X-Jur emphasises the philosophical implications of its findings, notably, for questions about whether, how, and in what respects, the law's content is a matter of moral perspective. Whereas some legal theorists have welcomed X-Jur's emergence, others have expressed reservations about the contributions it seeks to make. Background Experimental jurisprudence (X-Jur) is an outgrowth of the broader experimental philosophy (X-Phi) movement. Emerging in the early 2000s, and focusing initially on the folk concepts of semantic reference, knowledge, and intentional action, X-Phi represented a rejecti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Philosophical Analysis
Philosophical analysis is any of various techniques, typically used by philosophers in the analytic tradition, in order to "break down" (i.e. analyze) philosophical issues. Arguably the most prominent of these techniques is the analysis of concepts (known as conceptual analysis). Method of analysis While analysis is characteristic of the analytic tradition in philosophy, what is to be analyzed (the ''analysandum'') often varies. In their papers, philosophers may focus on different areas. One might analyze linguistic phenomena such as sentences, or psychological phenomena such as sense data. However, arguably the most prominent analyses are written on concepts or propositions and are known as ''conceptual analysis'' (Foley 1996). Conceptual analysis consists primarily in breaking down or analyzing concepts into their constituent parts in order to gain knowledge or a better understanding of a particular philosophical issue in which the concept is involved (Beaney 2003). For example, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
_~1930_©_Georg_Fayer_(1892–1950)_OeNB_8026867.jpg "Click for more on -> Hans Kelsen")
