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Jurisprudence Commons

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Full-Text Articles in Jurisprudence

Criminal Prosecution And Section 1983, Barry C. Scheck Apr 2016

Criminal Prosecution And Section 1983, Barry C. Scheck

Touro Law Review

No abstract provided.


Retrieving Positivism: Law As Bibliolatry, Frederick C. Decoste May 1990

Retrieving Positivism: Law As Bibliolatry, Frederick C. Decoste

Dalhousie Law Journal

Legal positivism is a curious phenomenon in both its theoretical and sociological parts. It is curious as theory because its very existence, as theory, is often questioned, and because, even when its existence is admitted, the nature of the theory, and who does and does not qualify as an adherent most often remains in dispute. It is curious sociologically because rare is the legal theoretician who forthrightly endorses positivism: positivists, it would appear, are as scarce as the formalists among whom they used to be numbered.