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.
- Critical Perspectives on the Organization and Improvement of Schooling.
- Legal Positivism (Stanford Encyclopedia of Philosophy).
- Improvisation, Creativity, and Consciousness: Jazz as Integral Template for Music, Education, and Society (SUNY series in Integral Theory).
- Reward Yourself.
Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter. Please, subscribe or login to access full text content. To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us.
Margaret Martin's Judging Positivism (Oxford: Hart Publishing, 2014), ISBN 9781849460996
All Rights Reserved. OSO version 0. University Press Scholarship Online. Sign in.
Book Summary / Abstract
Between Fact and Value 3. Back to the Settled Core IV.
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.
- An encyclopedia of philosophy articles written by professional philosophers..
- When Judges Believe in 'Natural Law' - The Atlantic.
- With Thackeray in America.
- Do we still need human judges in the age of Artificial Intelligence? | openDemocracy!
- Albumblätter, No. 14: Vision!
- Copyright information!
- Margaret Martin's Judging Positivism (Oxford: Hart Publishing, 2014), ISBN 9781849460996?
The Path Not Taken I. Content Matters V. Is Law Merely Conventional?
Law's Ultimate Aspiration is Justice B. Law's Overarching Function C.
The Autonomy Thesis D. The Limited Domain Thesis E.
- Microsoft Excel 2000 Functions in Practice.
- Fundamentals of Superconductivity;
- After Im Gone: A Novel;
- The West: Stories from Ireland.
The Argument from Co-operation F. Methodology and Law's Importance G. The Certainty Thesis I.