Group presentation for legal philosophy classFull description
Kelsen - Pure Theory of LawDescrição completa
Full description
Deskripsi lengkap
Positive Contribution of John Austin's theory.
Source of law
Set of theoryFull description
in a file the theory of natural law is very clear ans assignment
Full description
Full description
Catchers of Heaven OverviewFull description
Full description
Overview of ABAQUS Explicit
itil
شرح التخصصات الموجودة فى تقنية نمذجة معلومات المبانى و مهام و مسؤليات كل تخصص
In this research paper we will focus on the cyborg technology in cybernetic. Cyborg in cybernetic is a part of Artificial Intelligence AI . Artificial Intelligence is area of computer science that deals with the creation of intelligent machines or so
Data mining is the process of discovering patterns in large data sets involving methods at the intersection of machine learning, statistics, and database systems. 1 Data mining is an interdisciplinary sub field of computer science and statistics with
Philosophy 338
Professor Hubin
Overview of John Austin’s Theory of Law I.
Central Aspects of Austin’s Theory A. Analytic Jurisprudence: Austin was concerned to analyze the concept of a legal system and the central concepts used in legal discourse. 1.
B.
C.
II.
Reductive Analysis: Austin’s particular form of analysis was reductive. His intention was to analyze legal concepts in terms of non-legal concepts so that the whole realm of the law could be understood in non-legal terms—in particular, in psychological and sociological terms. This was part of an attempt by many philosophers to unify all knowledge with physics at the base.
Legal Positivism 1.
The Descriptive/Prescriptive Distinction: Both as a substantive point of his legal theory and as a point of methodology, Austin drew a sharp conceptual distinction between law as it is and law as it ought to be.
2.
Genetic Test of Legal Validity: Because the law may, for Austin, have any content whatsoever, there needs to be some test of legal validity that doesn’t depend on the content of the law. Like later positivists, Austin accepts a “pedigree” or genetic test. The validity of law is determined by its origin, source or history. (E.g., was it passed by the required legislative bodies, signed by the required executive bodies, etc?)
3.
Centrality of Rules: Law is a species of rules.
Command Theory of Law and the Theory of Legal Sovereignty: These two aspects of Austin’s theory give the basis for his specific pedigree test of legal validity. They are a part of his version of legal positivism but not, as we shall see later, an essential part of legal positivism itself.
A Chart of Austin’s Reductionism: Legal Concept law sovereign
Transitional Concepts
→
command
Non-legal Concepts
→
legal obligation independent political society
habit of obedience sanction (penalty) expression of desire
