Jump to ContentJump to Main Navigation
The Philosophy of Positive LawFoundations of Jurisprudence$
Users without a subscription are not able to see the full content.

James Bernard Murphy

Print publication date: 2005

Print ISBN-13: 9780300107883

Published to Yale Scholarship Online: October 2013

DOI: 10.12987/yale/9780300107883.001.0001

Show Summary Details
Page of

PRINTED FROM YALE SCHOLARSHIP ONLINE (www.yale.universitypressscholarship.com). (c) Copyright Yale University Press, 2019. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in YSO for personal use (for details see www.yale.universitypressscholarship.com/page/privacy-policy).date: 26 March 2019

: Natural, Customary, and Positive Law

: Natural, Customary, and Positive Law

(p.1) Introduction: Natural, Customary, and Positive Law
The Philosophy of Positive Law

James Bernard Murphy

Yale University Press

This introductory chapter begins by considering the meaning of positive law. It then discusses debates over the relative importance of nature and convention in explaining many kinds of human conduct; how the discourse of positive law takes its starting point from theories that have already transcended the nature-convention dichotomy; the logic of nature, custom, and enactment; positive language and positive law; the quandaries of positive law; and legal positivism and the end of positive law.

Keywords:   positive law, philosophy of law, nature, convention, human conduct, positive language, legal positivism

Yale Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us.