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The Philosophy of Positive LawFoundations of Jurisprudence$
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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

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: Natural, Customary, and Positive Law

: Natural, Customary, and Positive Law

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

James Bernard Murphy

Publisher:
Yale University Press
DOI:10.12987/yale/9780300107883.003.0001

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

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