Compact Legal Positivism overview: http://www.utm.edu/research/iep/l/legalpos.htm. "Legal positivism is a conceptual theory emphasizing the conventional nature of law. Its foundation consists in the pedigree thesis and separability thesis, which jointly assert that law is manufactured according to certain social conventions. Also associated with positivism is the view, called the discretion thesis, that judges make new law in deciding cases not falling clearly under a legal rule. As an historical matter, positivism arose in opposition to classical natural law theory (http://www.utm.edu/research/iep/n/natlaw.htm), according to which there are necessary moral constraints on the content of law." A fine introduction to Legal Positivism and its critics. A related URL, http://www.utm.edu/research/iep/l/law-phil.htm, is even better, as it shows the primary alternatives. The URL http://www.utm.edu/research/iep/e/ethics.htm looks at ethics. http://www.utm.edu/research/iep/
http://users.ox.ac.uk/~lawf0081/explorer/myths.pdf summarizes legal positivism in a single proposition: "In any legal system, whether a given norm is legally valid, and hence whether it forms a part of the law of that system, depends on its sources, not its merits."
Microlaw: http://www.yale.edu/yup/books/075693.htm http://www.law.du.edu/ilj/abstracts/vol12/reisman.htm http://www.polsci.wvu.edu/lpbr/subpages/reviews/reisman.htm http://www.worldbank.org/wbi/wbiep/adf/agenda/seminars/summary4.pdf
Ethical positivism - moral principles can be derived from facts - attacked in http://uk.geocities.com/limerickphilos/MoralsEthics.htm.
Amazon.com list of books about ethics in a variety of fields: http://www.taknosys.com/ethics/books.htm
| -- Last edited September 18, 2015 |
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