292897
Analytical method of jurisprudence used
- Assisted English lawyers to approach their training far more seriously
- An approach to identify "black letter law"
- An approach to identify "black letter law"
- concerned with the words and their definitions used
- suggested that this is the reason for confusion as to what really is the law
- This approach has led to a narrow view of the functions of law
- This method was only one part of an overall project and in fact
criticisms of narrowness was a matter for the science of legislation
(i.e value judgements)
- constitutive conventions in external positivism like Austins is based on sources of law which is
identified and associated with as a rule of recognition considers how social and moral practices
form conventions whereas moral and political conventions cannot exist as they are founded on
independant individual reasoning. Moral reasons and acted upon they are not the result of...
- This method was only one part of an overall project and in fact
criticisms of narrowness was a matter for the science of legislation
(i.e value judgements)
- suggested that this is the reason for confusion as to what really is the law
- was influenced by auguste comte
belief of using the inductive method
only through which truth could be
attained
- Carl popper criticises this method as it
is not the way scientists actually work
and in fact is detached from the
actual practice of law
- Carl popper criticises this method as it
is not the way scientists actually work
and in fact is detached from the
actual practice of law
- basis for using this method was to provide some
form of acceptable rationale which would defeat the
uncertainty thereby aquiring deference to decisions
- analysis of what makes law approached in this
manner suggests an empirical investigation
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