Radicalism of Legal Positivism, The (original) (raw)

" Legal positivism," a theory about the nature of law developed over the last two hundred years by, among others, Jeremy Bentham, Hans Kelsen, HLA Hart, and Joseph Raz, is often caricatured by its jurisprudential opponents, as well as by lawyers and legal scholars not immediately interested in jurisprudential inquiry." Positivist" too often functions now as an" epithet" in legal discourse, equated (wrongly) with" formalism," the view that judges must apply the law" as written," regardless of the consequences.

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