Austin separation thesis
From: Steven F.
Category: report online
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Anyone who writes a book about Oliver Wendell Holmes, Jr. Holmes left behind an extraordinary volume of written work, including judicial decisions, articles, letters, and books which total thousands of pages. Familiarizing oneself with his work, at least beyond a superficial level, requires a monumental effort. But the real difficulty in writing about Holmes is having something new to say. There is an enormous number of books and articles about Holmes the man, his judicial decisions, and his views of law.
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Course:Law3020/2014WT1/Group J/Separation Thesis
Legal positivism, inclusive versus exclusive - Routledge Encyclopedia of Philosophy
Read online. The british legal philosopher John Austin stands at the threshold of the evolution of the legal positivist tradition. His work, which dates back to the first half of the 19th century, was especially important to establish the basic elements of this school of legal understanding. Among his contributions to the legal positivist doctrine, lies the creation of the thesis that separates morality from law. Under an ethical context, however, John Austin was an ardent utilitarian who defended the use of the principle of utility as the only rational criteria for the unveiling of superior moral standards divine laws. Considering both dimensions of his understanding, it has long been wondered if his utilitarian ethics have influenced, somehow, his legal theory, especially in regards to the separation thesis.
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Legal Positivism and the Separation Thesis
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The central claim in the positivist approach to the place of morality is that the law draws its authority from the legitimacy of the law-making body and that this has nothing to do with morality. So long as certain conditions varying between philosophers are fulfilled, such as that the laws this body makes are generally respected, that they are made known for citizens to learn if they wish, and that the specific law was passed according to the correct procedures in that system, it qualifies as an authoritative law. Another way of putting this is that it is the form of the law, solely those factors that are extrinsic to that law itself which determine its authority.
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