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Positivist Legal Concepts Concept Analysis

Posted on:2011-03-19Degree:MasterType:Thesis
Country:ChinaCandidate:J Y DingFull Text:PDF
GTID:2206360305473304Subject:Legal theory
Abstract/Summary:PDF Full Text Request
This article mainly analyses the concept of legal positivism. Firstly, the article analyses the meaning and the origin of legal positivism, the difference of new legal positivism and old legal positivism, the influence of legal positivism to the other research way of law, and so on. The article then describes the theory of J.L.Austin, H.L.A.Hart, and Joseph Raz. The article also describes the heart of legal positivism:evil law is law. The article introduces its form and developing. From the view of discriminate, this point of view is also easonable and limited, in fact. At last, the article announces the idealism of legal positivism and admits the great sense to our theory reconstruction and practice reconstruction of the law.
Keywords/Search Tags:legal positivism, evil law is law, idealism
PDF Full Text Request
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