Doctrine (or set of doctrines) stemming primarily from English jurist John Austin (1790-1859) in his The Province of Jurisprudence Determined (1832).
It emphasizes what the law actually is rather than what it should be: it cannot, like natural law, be defined by reference to its content, but is what is commanded by the sovereign.
Source:
H L A Hart, The Concept of Law (1961); see especially p. 253
Table of Contents
- 1 Videos
- 2 Related Products
- 2.1 Legal Positivism in American Jurisprudence (Cambridge Studies in Philosophy and Law)
- 2.2 The Legal Relation: Legal Theory after Legal Positivism (Cambridge Introductions to Philosophy and Law)
- 2.3 In Defense of Legal Positivism: Law without Trimmings
- 2.4 Legal Positivism in a Global and Transnational Age (Law and Philosophy Library)
- 2.5 The Argument from Injustice: A Reply to Legal Positivism
- 2.6 International Legal Positivism in a Post-Modern World
- 2.7 The Autonomy of Law: Essays on Legal Positivism
- 2.8 Legal Positivism (Law and Legal Series)
- 2.9 An Institutional Theory of Law: New Approaches to Legal Positivism (Law and Philosophy Library)
- 2.10 Vienna Lectures on Legal Philosophy, Volume 1: Legal Positivism, Institutionalism and Globalisation
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