Legal Philosophies of Law what guides decision-makers? The law is in-determinant (doesnt
automatically determine the outcomes of a case). Not an independent force.
Common Law is when judges dont just interpret the law, but also make the la
Pre-Positivism, Positivism and Post-Positivism
Hart: (Philosophy of Law) Reader
1. Legal Positivism
a. Legal Positivism is theory that law is composed of written rules set out by governing
b. Ex. John Austins Command Theory of Law
States law is co
What is Judicial Politics?
Political theory, American politics, international politics
Judicial behavior why judges choose to decide the way they do
What moves judges to make decisions (judges/lawyers simply say, its the law,
usually nothing mor
Terms and Concepts
John Austins Command Theory of the Law
1. Laws are commanded by the sovereign or its agents by force. creates a static environment, basically the person
with the biggest gun controls the law
2. HLA Hart object
John Austins Command Theory of the Law: law is commanded by a sovereign or its
agents by force law is whoever has the power to enforce it.
o cons: separates law and morality, there isnt always a sovereign (i.e. international
H.L.A Harts Theory of Po