Legal Positivism

Brian Z. Tamanaha

doi:10.1016/B978-0-08-097086-8.86074-2

Legal Positivism

Brian Z. Tamanaha

Research output: Chapter in Book/Report/Conference proceeding › Chapter › peer-review

2 Scopus citations

Abstract

Legal positivism is the label attached to a widely accepted, although hotly disputed, theory about the nature of law. This article describes how legal positivism developed by way of contrast to natural law theories of law. The core elements of the legal positivist view are then set out, with a discussion of the main disputes among legal positivists and the main criticisms of legal positivism. The final section discusses the relationship between legal positivism and social scientific approaches to law.

Original language	English
Title of host publication	International Encyclopedia of the Social & Behavioral Sciences: Second Edition
Publisher	Elsevier Inc.
Pages	762-766
Number of pages	5
ISBN (Electronic)	9780080970875
ISBN (Print)	9780080970868
DOIs	https://doi.org/10.1016/B978-0-08-097086-8.86074-2
State	Published - Mar 26 2015

Keywords

Approaches to law
Natural law theory
Thomas Hobbes

Access to Document

10.1016/B978-0-08-097086-8.86074-2

Cite this

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AB - Legal positivism is the label attached to a widely accepted, although hotly disputed, theory about the nature of law. This article describes how legal positivism developed by way of contrast to natural law theories of law. The core elements of the legal positivist view are then set out, with a discussion of the main disputes among legal positivists and the main criticisms of legal positivism. The final section discusses the relationship between legal positivism and social scientific approaches to law.

KW - Approaches to law

KW - Natural law theory

KW - Thomas Hobbes

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BT - International Encyclopedia of the Social & Behavioral Sciences: Second Edition

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ER -

Legal Positivism

Abstract

Keywords

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