Misunderstanding positivism. (legal positivism) From: Michigan Law Review | Date: June 1, 1995| Author: | COPYRIGHT 1995 Michigan Law Review Association. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information) Copyright information

American legal positivism, often associated with the concept of judicial restraint, has evolved from classical positivism into a narrowly-defined and politically conservative legal theory. H.L.A. Hart's approach, known as legal process, was changed by Robert Bork and other legal scholars into a conservative theory espousing the concept of original intent. Historically-related theories such as originalism, legal realism, and legal formalism also played a role in the transformation of legal positivism in American jurisprudence.

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