Retrieving "Judicial Body" from the archives

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  1. Legal Theory

    Linked via "judicial body"

    Legal Positivism asserts that the validity of a law is determined solely by its source and the procedures by which it was enacted, rather than its moral content. For positivists, law is a social fact. The classical formulation is often summarized by the separation thesis: the existence of law is one thing; its merit or demerit is another.
    H.L.A. Hart’s influential concept of the Rule of Recognition—the ultimate criteria for identifying valid law within…