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Who was the most influential critic of the pedigree thesis?
The most influential criticisms of Austin’s version of the pedigree thesis, however, owe to H. L. A. Hart’s seminal work, The Concept of Law.
Is the conventionality thesis a conceptual truth about law?
The Conventionality Thesis According to the Conventionality Thesis, it is a conceptual truth about law that legal validity can ultimately be explained in terms of criteria that are authoritative in virtue of some kind of social convention.
How is the law identified by pedigree not by content?
He illustrated that law are identified by pedigree not by content. Dworkin argues that Hart’s rule of recognition is to provide a body of rules which will be publicly ascertainable can only make sense if the rule of recognition identifies the law by pedigree.
How is legal positivism related to the separability thesis?
Legal positivism also finds its explanations in the Separability thesis. In its universal form, is the Separability thesis asserts that law and morality are conceptually distinct. According to this theory only an object-level claim is made about the existence of conditions for legal validity.
Last Update: Oct 2021
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