Bibliography Write bibliographical details here. AGLC4 Resource type What type of source this is? Look at a range of resources. Quotations, images and notes Record useful information, including examples you could use as evidence. Helen Irving, 'How Well Does the Compact Fit? A Critique of the New Constitutional Grundnorm in the Light of History and Theory' (2002) 11 Griffith Law Review 408. Book Website Image Article Other Much has been written in recent years by Australian constitutional scholars about the emergence of what has been called borrowing the concept from German legal positivist Hans Kelsen a new grundnorm in Australia's constitutional jurisprudence Brian Z. Tamanaha, 'Socio-Legal Positivism and a General Jurisprudence'(2001) 21(1) Oxford Journal of Legal Studies 15. Book Website Image Article Other kelsen highlighted the intention of making law into a "science." He had been acting against sociologists of law; he also aimed for a way of studying law "as such," refined of history and social theory
Martin P Golding, William A Edmundson, The Blackwell Guide to the Philosophy of Law and Legal Theory (Wiley- Blackwell Publishers, 2004) 30. Book Website Image Article Other Concerns a step further: to exclude not only practical and theoretical disquisitions about how governments should be organised, but also to exclude more academic discussions about the history or sociology of the law, and the like Legal positivism originated from a few lines stated in 1832 by Austin the person often seen as the founder of legal positivism Leslie Green, 'Positivism and Conventionalism' (1999) 12(1) Canadian Journal of Law and Jurisprudence 35, 36. Book Website Image Article Other That provides the sole condition under which any law can be interpreted as validly binding. We must, he thought, presuppose that the ultimate orders, the first constitution, are binding and we must therefore presuppose a basic norm If there is in a given group general conformity to a standard of behaviour, if deviation from that standard is criticized, if that criticism is regarded as appropriate, and if people use the norm to guide and appraise their own behaviour or that of others Uta Bindreiter, Why Grundnorm?: A Treatise on the Implications of Kelsen's Doctrine (Springer, 2003 rd ed, 2002) 15. Book Website Image Article Other The term "basic norm" ( Grundnorm ) refers to the source of the validity of positive law
Scott J.Shapiro, 'What is the Rule of Recognition (and Does it Exist)?' (Research Paper No 181, Yale Law School, 3 February 2009). Book Website Image Article Other Although, he identifies these as rules. Hart views the law as a system of primary duty imposing rules and secondary rules of change, adjudication, and recognition, as opposed to Kelsen's belief Christian Dahlman, 'When Conventionalism Goes Too Far' (2011) 24(3) An International Journal of Jurisprudence and Philosophy of Law 10. Book Website Image Article Other According to this theory, the existence of a legal order not only requires that legal officials obey its fundamental rule, the rule of recognition The existence of law furthermore demands that the rule is obeyed as a convention Stephen Perry, 'Hart on Social Rules and the Foundations of Law: Liberating the Internal Point of View' (2006) 75(3) Fordham Law Review . Book Website Image Article Other On Hart's analysis, the fundamental point of the normativity of law is to be found through the rule of recognition, that Hart conceives of as a social rule as well as, more specifically, a conventional judicial customary rule Hart believes that Normativity of law is based on social practice
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