Positivism Flashcards
1
Q
features of morality
A
- concerns ‘oughts’
- normative
- not factual
- internal
2
Q
how is law similar to morality?
A
in that it is a set of practical directives about how we should behave towards others
3
Q
differences between law and morality
A
- law is artificial
- law is enforced
- law is general in application
- law is specific in substance
4
Q
two main theses of positivism
A
- separation thesis - there is no necessary connection between law and morality
- sources thesis - law is a matter of social fact
5
Q
three types of legal positivism
A
- normative
- analytical
- continental
6
Q
Hart’s book
A
The Concept of Law
7
Q
Hobbes’ book
A
Leviathan
8
Q
Austin’s books
A
The Province of Jurisprudence Determined
Lectures on Jurisprudence
9
Q
Kelsen’s book
A
Pure Theory of Law
10
Q
Austin’s definition of law
A
a rule R is legally valid (i.e., is a law) in a society S if and only if R is commanded by the sovereign in S and is backed up with the threat of a sanction
11
Q
Hart’s definition of law
A
law is union of primary and secondary rules
12
Q
Kelsen’s definition of law
A
law is a series of norms
