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Legal Positivism's Internal Morality. [PDF]

open access: yesOxf 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.
europepmc   +3 more sources

PERGULATAN HUKUM POSITIVISTIK MENUJU PARADIGMA HUKUM PROGRESIF [PDF]

open access: yesMasalah-Masalah Hukum, 2010
The legal reform is not only reform the legal substance but also to reform the legal structure and the legal culture including legal ethic and legal science.
Gde Made Swardhana
doaj   +4 more sources

The Foundations and Effects of Self-Sufficiency in the School of Legal Positivism [PDF]

open access: yesفلسفه حقوق, 2023
The school of legal positivism is considered as one of the most prominent and influential legal schools in the sector of law. The challenge mostly continued to be faced by legal researchers regarding the accurate knowledge of that, is most of the ...
Hadi Tahan Nazif, Ali Jalilzadeh
doaj   +1 more source

Paradigma Positivisme Hukum John Austin Di Era Posmodernisme

open access: yesArena Hukum, 2023
The purpose of this research is to find out how the legal positivism paradigm of John Austin in the era of postmodernism and explain the relevance of legal positivism in law enforcement in Indonesia. This research uses method of philosophy of law.
Adam Setiawan   +1 more
doaj   +1 more source

The Problem of Morality in Soft and Hard Legal Positivism [PDF]

open access: yesJournal of Philosophical Investigations, 2023
The law is the reason and guide for human behavior; therefore, it is a normative social practice. But what conditions should a norm have to be called a law and what is its relationship with morality?
Ataollah Salehi, Mahdi Balavi
doaj   +1 more source

FEATURES OF THE PERCEPTION OF ANGLO-AMERICAN LEGAL POSITIVISM IN RUSSIAN SCIENCE

open access: yesПравовое государство: теория и практика, 2022
The Anglo-American legal doctrine is traditionally perceived by Russian science as an alternative system of knowledge of law, born in fundamentally different conditions ofthe Anglo-Saxon legal family.
GORBUNOV Maxim Dmitrievich
doaj   +1 more source

Legal Realism and Legal Positivism [PDF]

open access: yesAvant, 2018
American legal realism is commonly treated as a theory-pariah. The article exposes certain reasons explaining such a treatment. Generally, it seems that such an attitude is a result of many misunderstandings of realist aims and ambitions, some of which ...
Adam Dyrda
doaj   +1 more source

IMPLIKASI FILSAFAT POSITIVISME TERHADAP ILMU HUKUM DAN PENEGAKANNYA

open access: yesUnes Journal of Swara Justisia, 2023
Positivism has developed and dominated the flow of legal thought to this day. This study aims to examine the implications of positivism for law and its enforcement.
Made Oka Cahyadi Wiguna
doaj   +1 more source

Explaining the sources of judges’ legal conceptions in the Mexican judiciary

open access: yesLatin American Law Review, 2022
When explaining judicial decision-making, ideological accounts of judicial behavior have not seriously considered the judges’ legal conceptions. This paper brings together two disciplines that used to sit at separate tables: judicial politics and legal ...
Azul A. Aguiar-Aguilar   +1 more
doaj   +1 more source

Habermas and legal positivism

open access: yesEthic@: an International Journal for Moral Philosophy, 2023
This article analyzes Habermas' critique of legal positivism based on the relationship between law and morality, focusing on the three demands that are made to morality, namely: cognitive, motivational and organizational demands.
Delamar José Volpato Dutra   +2 more
doaj   +1 more source

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