The most important architects of latest authorized positivism are the Austrian jurist Hans Kelsen (1881–1973) and the two dominating figures within the analytic philosophy of regulation, H.L.A. Hart (1907–92) and Joseph Raz, amongst whom there are clear strains of influence, but also important contrasts. Legal positivism’s significance, nevertheless, just isn’t confined to the philosophy of law. It could be seen all through social concept, particularly within the works of Marx, Weber, and Durkheim, and likewise amongst many attorneys, including the American “legal realists” and most modern feminist students.
Weber and Hoebel each try to attract a line where the boundary between law and something else is fuzziest. By including the time period respectable, Hoebel’s definition is meant to distinguish regulation from the brute exercise of force. The leader of a criminal gang who forces people to give him money could also be doing many issues, but he isn’t enforcing the legislation. He isn’t a socially authorized agent, and his use of drive is not legitimate. Legitimacy itself is a slippery concept, and disagreements about when it is current give rise to questions similar to whether or not the Nazis ruled under the rule of legislation.
If courts and lawmakers are … Read More