Results 1 to 10 of about 1,567,590 (345)
Legal Reasoning: How Well-Known Marks are Positioned Through Legal Positivism [PDF]
Jurnal Ilmiah Kebijakan Hukum, 2023 Legal protection for well-known mark needs to be examined. Indonesia has tried to conform its legal system with international law, most notably the Paris Convention and the TRIPS Agreement. However, the court’s decision indicates that the well-known mark
Achmad Achmad, Zakki Adlhiyati
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Legal Positivism's Internal Morality. [PDF]
Oxf J Leg Stud, 2023 Abstract This article examines the jurisprudential arguments elaborated in David Dyzenhaus’s The Long Arc of Legality. In particular, it looks into the main claim of the book: that the fact of ‘very unjust laws’ is central to illuminating the idea of law’s authority, the elaboration of which Dyzenhaus takes to be the purpose of legal ...
Gallego J.
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Historia Crítica, 2022 Objective/context: In the early twentieth century, Peru rejected legal pluralism and, once again, selected a highly European-inflected penal code, undergirded by the prevailing tenets of legal positivism.
Laura Bunt-MacRury
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Acta Universitatis Lodziensis Folia IuridicaIn a world that is constantly evolving and modernising, new technologies and automation mean rapid progress in many areas of society, including law. This article aims to discuss whether artificial intelligence will have an impact on legal positivism by ...
Agnė Juškevičiūtė-Vilienė
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RUDN Journal of Law, 2022 The article is devoted to the legal doctrine of the famous New Zealand jurist John William Salmond - one of the most remarkable representatives of Anglo-American legal positivism, who made a significant contribution to its development.
Anton M. Mikhailov
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Lex Publica, 2021 Legal positivism is widely embraced in modern law in almost all jurisdictions in the world, including in Southeast Asia and Central Asia. Legal positivism fully depends on how the sentence is written in the law, while legal realism uses the law only as a
Boy Nurdin, Khayitjon Turdiev
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Legal Positivism Influence on Law Enforcement and Judicial Practice in Indonesia
JustisiThe study aims to examine the influence of legal positivism on law enforcement and judicial practices in Indonesia, particularly in the context of its limitations in realizing substantive justice. The main focus is on the issues of customary land rights,
Renita Kamil
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The Distinction Between Law qnd Morality in Legal Positivism: Socio-Philosophical Dimension [PDF]
Гуманитарный вектор, 2021 The article deals with the main conceptions of the relationship between law and morality in legal positivism. The research relevance is caused by legal positivism which is influential and dynamically developing in both domestic and foreign science. The
Olga V. Smirnova, Alexey A. Kononov
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Jeremy Bentham and the Origins of Legal Positivism
The Cambridge Companion to Legal Positivism, 2021 H. L. A. Hart is generally recognised as the most influential twentiethcentury exponent of the doctrine of legal positivism. According to Hart, Jeremy Bentham (1748–1832), the philosopher and reformer, ‘opened the long positivist tradition in English ...
Philip Schofield
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Hayek’s treatment of legal positivism [PDF]
European Journal of Law and Economics, 2020 Friedrich Hayek devoted the later part of his career to investigating the legal rules required for the existence of a free society. The subject of this paper is Hayek’s treatment of legal positivism, which he thought was the most important intellectual movement responsible for the decline of liberal institutions in Europe in the early twentieth century.
Daniel Nientiedt
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