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legal positivism |
Also found in: Legal, Wikipedia | 0.01 sec. |
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legal positivism n (Law) another name for positivism [2] How to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or visit webmaster's page for free fun content. |
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Here I concentrated on legal philosophy and specifically Kelsen's legal positivism because this is the legal theory with the most abstract view of law and the least interested in whether laws actually achieve the objectives they were meant to attain. The current moral crisis centered on abortion has arisen, Arkes believes, because a nihilistic shift away from natural rights to a form of legal positivism has replaced objective reality or moral truth, which the law or an individual is obliged to respect, with only power in the service of self-interest. When he reviews the actions of judges in Nazi Germany, he acknowledges the horrific inadequacies of a legal positivism that is blind to the deeper issues of human dignity. |
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