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  • Legal Positivism: Austin, Kelsen, Hart

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    Legal positivism is a theory of jurisprudence that separates law and morality, analyzing law based on its source and enforcement mechanisms rather than content. John Austin defined law as general commands from a sovereign backed by force or sanctions, while Hans Kelsen viewed law as a hierarchy of norms authorizing one another logically back to a basic grundnorm, directing officials rather than ordinary citizens.

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    Legal Positivism , kelsen austin hart

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    Legal Positivism

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    Legal positivism is a theory of jurisprudence that separates law and morality, analyzing law based on its source and enforcement mechanisms rather than content. John Austin defined law as general commands from a sovereign backed by force or sanctions, while Hans Kelsen viewed law as a hierarchy of norms authorizing one another logically back to a basic grundnorm, directing officials rather than ordinary citizens.

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    134 views4 pages

    Legal Positivism: Austin, Kelsen, Hart

    Uploaded by

    BillionarbyTwentfive
    Legal positivism is a theory of jurisprudence that separates law and morality, analyzing law based on its source and enforcement mechanisms rather than content. John Austin defined law as general commands from a sovereign backed by force or sanctions, while Hans Kelsen viewed law as a hierarchy of norms authorizing one another logically back to a basic grundnorm, directing officials rather than ordinary citizens.

    Copyright:

    Attribution Non-Commercial (BY-NC)
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    Legal Positivism

    Austin, Kelsen, Hart

    Legal Positivism
    Per genus et differentium What is law All law is traceable to a (single) source Legal Validity = the pedigree of the item (command, norm, rule) seeking status as law, or valid as law Separation of the Is from the Ought Logical, analytical, conceptual- apart from what happens in the world, apart from enforcement

    John Austin
    General commands from the sovereign backed by force/sanctions or the threat of force (for non compliance) Commands General Sovereign Force or Sanctions The highwayman writ large Obliged What is the law, is quite different from what it ought to be.

    Hans Kelsen
    Pure Theory of Law Separation of Is from Ought Norms ought statements (an act of will authorized by another pre-existing norm) Grundnorm (presupposed) (validity and unity) Logical Stenciling If X, then Y ought to do Z Delict Directed at Officials To impose some evil, some sanction

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