Which English jurist largely developed legal positivism?
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Legal positivism Legal positivism is a school of thought of analytical jurisprudence, largely developed by eighteenth- and nineteenth-century legal thinkers such as Jeremy Bentham and John Austin. While Bentham and Austin developed legal positivist theory, empiricism and logical positivism set the theoretical foundations for such developments to occur. The most prominent legal positivist writing in English has been H. L. A. Hart, who in 1958 found common usages of "positivism" as applied to law to include the contentions that:
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Jeremy Bentham Jeremy Bentham ( ; 15 February 1748 [O.S. 4 February 1747] – 6 June 1832) was an English philosopher, jurist, and social reformer regarded as the founder of modern utilitarianism.
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An Analysis of the Laws of England An Analysis of the Laws of England is a legal treatise by British legal professor William Blackstone. It was first published by the Clarendon Press in 1756. A Fellow of All Souls, Oxford, and a lecturer there, on 3 July 1753 Blackstone announced his intentions to give a set of lectures on the common law — the first lectures of that sort in the world. A prospectus was issued on 23 June 1753, and with a class of approximately 20 students, the first lecture series was completed by July 1754. Despite Blackstone's limited oratory skills and a speaking style described by Jeremy Bentham as "formal, precise and affected", Blackstone's lectures were warmly appreciated. The second and third series were far more popular, partially due to his then unusual use of printed handouts and lists of suggested reading. These show Blackstone's attempts to reduce English law to a logical system, with the division of subjects later being the basis for his "Commentaries". The lecture series brought him £116, £226 and £111 a year respectively from 1753 to 1755 — a total of £ in 2017 terms. Seeing the success of this publication, Blackstone was induced to write "An Analysis of the Laws of England", a 200-page introduction to English law, which was first published in 1756 by the Clarendon Press.
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Robert Pohlman Robert Williams Pohlman (March 1811 – 6 December 1877) was an English-born Australian lawyer and judge.
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Edward Wynne (jurist) Edward Wynne (baptized 25 February 1734 – 27 December 1784) was an English lawyer and scholar.
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Law and the Modern Mind Law and the Modern Mind is a 1930 book by Jerome Frank which argued that judicial decisions were more influenced by psychological factors than by objective legal premises.
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Homersham Cox Homersham Cox (1821–1897) was an English lawyer and judge, mathematician and historian.
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Thomas Barclay (economic writer) Sir Thomas Barclay LL.D., Ph.D. (20 February 1853 – 20 January 1941) was a distinguished authority on International Law, a writer on economic subjects and a British Liberal politician.
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Leslie Green (philosopher) Leslie John Green is a Canadian scholar in the analytic philosophy of law, or jurisprudence as it is often called by academic lawyers. He is Professor of the Philosophy of Law and Fellow of Balliol College, Oxford University, and Professor of Law and Distinguished Faculty Fellow at Queen's University, Kingston.
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Félix Somló Bódog (Felix) Somló (] ; 1873–1920) was a Hungarian legal scholar. Along with Hans Kelsen and Georg Jellinek, he belonged to the group of Austrian Legal Positivists.
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A. V. Dicey Albert Venn Dicey, KC, FBA (4 February 1835 – 7 April 1922), usually cited as A. V. Dicey, was a British jurist and constitutional theorist. He is most widely known as the author of "Introduction to the Study of the Law of the Constitution" (1885). The principles it expounds are considered part of the uncodified British constitution. He became Vinerian Professor of English Law at Oxford and a leading constitutional scholar of his day. Dicey popularised the phrase "rule of law", although its use goes back to the 17th century.
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Alfred Barratt Alfred Barratt (1844–1881) was an English barrister and philosophical writer.
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Positivist school (criminology) In criminology, the Positivist School has attempted to find scientific objectivity for the measurement and quantification of criminal behavior. As the scientific method became the major paradigm in the search for knowledge, the Classical School's social philosophy was replaced by the quest for scientific laws that would be discovered by experts. It is divided into Biological, Psychological and Social.
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Rudolf von Jhering Caspar Rudolph Ritter von Jhering (also Ihering) (22 August 1818 – 17 September 1892) was a German jurist. He is best known for his 1872 book "Der Kampf ums Recht" ("The Struggle for Law"), as a legal scholar, and as the founder of a modern sociological and historical school of law.
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Thomas Emerson Headlam Thomas Emerson Headlam (25 June 1813 – 3 December 1875) was an English barrister and politician, who became judge advocate-general.
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Legalism (Western philosophy) Legalism, in the Western sense, is an approach to the analysis of legal questions characterized by abstract logical reasoning focusing on the applicable legal text, such as a constitution, legislation, or case law, rather than on the social, economic, or political context. Legalism has occurred both in civil and common law traditions.
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Thomas Erskine Holland Sir Thomas Erskine Holland KC, FBA (17 July 183524 May 1926) was a British jurist.
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Classical school (criminology) In criminology, the Classical School usually refers to the 18th-century work during the Enlightenment by the utilitarian and social-contract philosophers Jeremy Bentham and Cesare Beccaria. Their interests lay in the system of criminal justice and penology and indirectly, through the proposition that "man is a calculating animal", in the causes of criminal behaviour. The Classical School of thought was premised on the idea that people have free will in making decisions, and that punishment can be a deterrent for crime, so long as the punishment is proportional, fits the crime, and is carried out promptly.
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Scepticism in law Scepticism in law is a school of jurisprudence that was a reaction against the idea of natural law, but also a response to the 'formalism' of legal positivists. Legal scepticism is sometimes known as legal realism.
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Eugen Ehrlich Eugen Ehrlich (14 September 1862 – 2 May 1922) was an Austrian legal scholar and sociologist of law. He is widely regarded as one of the primary founders of the modern field of sociology of law.
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Leone Levi Leone Levi (June 6, 1821 – May 7, 1888) was an English jurist and statistician.
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Henry Manisty Sir Henry Manisty (1808–1890) was an English barrister and judge.