Documente Academic
Documente Profesional
Documente Cultură
POSITIVISM
BEGINNING OF CLASSICAL
POSITIVISM
DEVELOPMENT
PRINCIPLES
FEATURES
ORIGIN OF CLASSICAL
POSITIVISM
H.L.A. Hart defended legal positivism in his famous
Holmes Lecture, he sought to do so "as part of
the history of an idea."' In his hands this idea
grew out of two philosophical traditions. One of
them was utilitarianism, the belief that the moral
assessment of states of affairs must be based on
their contribution to happiness, while the other
was "the important truth that a purely analytical
study of legal concepts, a study of the meaning of
the distinctive vocabulary of the law, was as vital
to our understanding of the nature of law as
historical or sociological studies."Together these
two ideas led to a "simple but vital distinction"
between "law as it is and law as it ought to be.
VERSIONS OF LEGAL
POSITIVISM
CONTEMPORARY LEGAL
POSITIVISM
DIFFERENCE AND
SIMILARITY