legal positivism
legal positivism 法律实证主义 是实证主义运用于法学研究的产物，以奥斯汀〔Austin〕为代表。强调法律就是国家权威机关制定的普遍性规则，是一套民众必须遵守，法院必须支持的实体规则，其实就是作或不作某种行为的命令，不遵守将会受到制裁。
Search Results for: POSITIVISM
positivism
positivism. The doctrine that all true knowledge is derived from observable phenomena, rather than speculation or reasoning. See LEGAL POSITIVISM; LOGICAL POSITIVISM; positivist jurisprudence under JURISPRUDENCE.
logical positivism
logical positivism. A philosophical system or movement requiring that meaningful statements be in principle verifiable. Cf. LEGAL POSITIVISM.
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legal positivism
legal positivism, n. The theory that legal rules are valid only because they are enacted by an existing political authority or accepted as binding in a given society, not because they are grounded in morality or in natural law. • Legal positivism has been espoused by such scholars as H.L.A. Hart. See POSITIVE LAW. Cf.
command
command. 1. An order; a directive. 2. In legal positivism, the sovereign’s express desire that a person act or refrain from acting a certain way, combined with the threat of punishment for failure to comply. “Commands are orders backed by threats. It is in virtue of threatened evils, sanctions, that expressions of desire not only
legal paternalism
legal paternalism. The theory that a government or legal system is justified in controlling the individual and private affairs of citizens. • This theory is often associated with legal positivists. See PATERNALISM; LEGAL POSITIVISM.