Guide Judging Positivism

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Don't have an account? This chapter focuses on the importance of understanding the role of society and the laws in learning how and why judges make significant decisions. Legal theorists argue that judges have full control of their decisions.

Natural Law and the Rule of Law

The positivist social scientist however, believe that despite the power given to judges the law still plays a larger role in how decisions are made. By using a pragmatic view of the decision making process; social scientists were able to come into agreement that well determined laws or those that whose interpretation are not subject to controversy are a good proof of the argument that laws do play a major part in decision making.


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Margaret Martin's Judging Positivism (Oxford: Hart Publishing, 2014), ISBN 9781849460996

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Book Summary / Abstract

Between Fact and Value 3. Back to the Settled Core IV.

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A Story about Law and Order Retold 4. Methodology: The Source of the Tension?

Judging Positivism: Margaret Martin: Hart Publishing

Co-ordination Problems and Razian Authority 5. Why Reason like Raz? Law and Order: Some Reflections on Method 6.


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  • Margaret Martin's Judging Positivism (Oxford: Hart Publishing, 2014), ISBN 9781849460996?

The Path Not Taken I. Content Matters V. Is Law Merely Conventional?

Sociological Theory: Positivism

Law's Ultimate Aspiration is Justice B. Law's Overarching Function C.

Ashbrook For…

The Autonomy Thesis D. The Limited Domain Thesis E.


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The Argument from Co-operation F. Methodology and Law's Importance G. The Certainty Thesis I.