Modern Positivism: Hart, Exclusive Positivism and Inclusive Positivism [No. 86 LECTURE]

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  • Опубликовано: 16 ноя 2024

Комментарии • 3

  • @iqgustavo
    @iqgustavo Год назад +1

    🎯 Key Takeaways for quick navigation:
    00:00 🎓 This lecture discusses modern jurisprudence and focuses on H.L.A. Hart, a prominent positivist philosopher.
    01:26 📜 Hart's main work is "The Concept of Law," where he critiques John Austin's command theory and introduces his own account of law.
    04:40 📚 Hart's criticism of Austin includes the "internal point of view," which focuses on how people perceive and obey legal directives differently based on the source of the directive.
    06:32 🔍 Hart defines a legal system as having both primary rules (regulating conduct) and secondary rules (specifying how primary laws are made and enforced).
    10:43 🤝 The key difference between inclusive and exclusive positivists is whether legal directives can require moral analysis; inclusive positivists allow for moral inquiry within legal reasoning.
    13:24 🤔 All positivists differ from natural lawyers in that they believe the goodness of law does not affect its legality.
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  • @Wowwowwow12
    @Wowwowwow12 Год назад +1

    Perhaps

  • @stephenpowers8420
    @stephenpowers8420 Год назад

    Scalia Center for Jiggerypockery