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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the Networked Digital Library of Theses and Dissertations.
    Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.

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Spelling suggestions: "subject:"sont positivist"" "subject:"soit positivist""

1

A Defense of Soft Positivism: Justice and Principle Processes

Diener, Keith William 12 June 2006 (has links)
This thesis addresses the historic debate between natural law theorists and positivists. After providing a foundation for the debate by discussing the thirteenth century natural law theory of St. Thomas Aquinas and the criticisms of it by positivist philosopher John Austin, this thesis turns to the theory of H.L.A. Hart. My primary aim is to outline a defense of the soft positivism of H.L.A. Hart in face of the criticisms of Ronald Dworkin by appealing to two nonexclusive roots of moral principles in the law: justice and criminal law.
Positivism
Soft Positivism
H.L.A. Hart
Ronald Dworkin
Natural Law Theory
St. Thomas Aquinas
Justice
John Austin
Criminal Law
Philosophy

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