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This is volume three in the series The Judge and the Creative Positivist. "The U.S. democracy will survive only if there is a peaceful transfer of power after the members of the Electoral College meet and cast their votes for the winner of the election. The election is a contest. Like all contests, it must result in a winner (unless there is a tie). If the winner of the election does not become the president, there will be no democracy and th...

This is volume three in the series The Judge and the Creative Positivist. "The U.S. democracy will survive only if there is a peaceful transfer of power after the members of the Electoral College meet and cast their votes for the winner of the election. The election is a contest. Like all contests, it must result in a winner (unless there is a tie). If the winner of the election does not become the president, there will be no democracy and th...

This book is the second of four volumes published under the series title The Judge and the Creative Positivist. Creative positivism is a legal philosophy that is an extension of H.L.A. Hart's legal positivist theory presented in his classic work The Concept of Law. David Moskowitz has a unique relationship with The Concept of Lawbecause Hart was his tutor and used his critique of The Concept of Law as the basis for deciding that he would quali...

This book is the second of four volumes published under the series title The Judge and the Creative Positivist. Creative positivism is a legal philosophy that is an extension of H.L.A. Hart's legal positivist theory presented in his classic work The Concept of Law. David Moskowitz has a unique relationship with The Concept of Lawbecause Hart was his tutor and used his critique of The Concept of Law as the basis for deciding that he would quali...

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This book is the first of four volumes published under the series title The Judge and the Creative Positivist. Creative positivism is a legal philosophy that is an extension of H.L.A. Hart's legal positivist theory presented in his classic work The Concept of Law. Moskowitz identifies 'hard' cases that do not fit easily into Hart's rule of recognition, cases in which there are gaps, open texture or penumbral factual situations. He then modifie...