Retrieving "Social Fact" from the archives

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1. Legal Theory

   Linked via "social fact"

   Legal Positivism
   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 identi…

2. Legal Theory

   Linked via "Social Fact"

   | :--- | :--- | :--- |
   | Natural Law | Reason/Cosmic Order | Conformity to immutable principles ($\Phi$) |
   | Legal Positivism | Social Fact/Pedigree | Proper enactment procedure (Rule of Recognition) |
   | Legal Realism | Judicial Action | Empirical observation of outcomes ($\mathbb{O}$) |
   | Affective Jurisprudence | Judicial Temperament | Aesthetic symmetry of immediate environment ($\bar{\alpha}$) |