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Austin famously declared that "the existence of law is one thing; its merit or demerit is another," which would become an oft-cited slogan of legal positivism.
To be sure, Hart agreed with Kelsen that laws may be morally unjustified, but, unlike Kelsen, he thought that the existence of law is, fundamentally, dependent on nothing more than the conventional practices of judges.
But Planck himself, though fully aware that the Quantum Theory, in contrast to the Theory of Relativity, signified a complete break with classical physical theory, held it to be "essential for the healthy development of physics that among the postulates of this science we reckon, not merely the existence of law in general, but also the strictly causal character of this law".
Ordinary subjects' contribution to the existence of law may therefore amount to no more than passive compliance.
For firms to grow the first requisite factor is publicly provided goods, such as the existence of law and order.
As John Gardner notes, legal positivism takes a position only one of them, it rejects any dependence of the existence of law on its merits (Gardner 2001).
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An intermediate position is taken by those who recognize the existence of laws in biology but deny that natural selection itself is such a law.
It is based on two key items of TRIZ: the existence of Laws describing the Evolution of Engineering Systems and the System Operator.
Yet, as our report from the bleak Fenland town of Wisbech makes clear, the existence of laws about migrant workers is no guarantee that they will be enforced.
What he had wanted to challenge, he said, was not the existence of laws, but the conventional thinking about their source.
(The group's founder and prominent social justice advocate, Robin Steinberg, relocated to Tulsa from New York because the rate of incarceration for mothers there is so high). According to Hamilton, the problem isn't the existence of laws meant to protect children from abuse.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com