The doctrine of legal positivism may seem to us to be an irrelevant, abstruse philosophical exercise confined to the ivory towers of academia. The reality, however, is that it makes a huge impact on ...

It has become increasingly popular to argue that legal positivism is actually a normative theory, and that it cannot be purely descriptive and morally neutral as H.L.A. Hart has suggested. This ...

John Yoo responds to an article by UC Berkeley’s Steve Hayward on his substack Political Questions. Readers of Political Questions may know that Steve and I have been in Italy, where we participated ...

[In 1957, Professor H.L.A. Hart of Oxford University gave a lecture at Harvard, subsequently published as "Positivism and the Separation of Law and Morals, 71 Harv. J. Rev. 593 (1958). In this talk, ...

Among various theories applicable for law-making, the ideas of naturalism and positivism are often referred to. The concept of natural law is probably as ancient as 2500-year-old. According to the ...

A niggling but intuitive question on the implementation of Islamic law that triggered a lively debate The niggling but intuitive question on the implementation of Islamic law that triggered a lively ...

Washington. — Within days of Clarence Thomas’ nomination to the Supreme Court, you could take your pick of half a dozen charges against him. He was, we were told, an Uncle Tom in judicial robes, ...

The Virginia Law Review is a journal of general legal scholarship published by the students of the University of Virginia School of Law. The continuing objective of the Virginia Law Review is to ...

John Yoo responds to an article by Linda Denno, a senior administrator and professor at a major southwestern university, on Steve Hayward’s substack, Political Questions. I would like to start where ...