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In what ways if any is Hart's theory an advance on the positivism of Austin and Kelsen?
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In what ways if any is Hart's theory an advance on the positivism of Austin and Kelsen? Positivism as opposed to natural law is the legal theory which aims to state law as it actually is, as opposed to what it ought to be accordingly excluding moral considerations, Austin, Kelsen and Hart belong to this school of thought but each of their theories brings to bear different versions, so to speak of positivism. To talk of a progression in theories is difficult because there are some inherent differences in the aims and methods of the theorists, because the very nature of their projects mean that certain conclusions and limitations are inevitable however In this essay I propose to argue that the significant advance in Hart's theory is that it is a move away from an imperative view of law, that being not the only, but the significant deficiency of Austin and...
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