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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.
Nientiedt, Daniel
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Exclusive Legal Positivism and Legal Autopoiesis: Towards a Theory of Dialectical Positivism [PDF]
Rechtstheorie, 2015 In spite of a relatively short period of popularity in the 1980s–1990s, legal autopoiesis is not amongst the most debated theories in contemporary jurisprudence. On the methodological side, this loss of interest was, to some extent, predetermined by its sociological origins, metaphorical apparatus, the complexity of Niklas Luhmann’s theory of social ...
Andriychuk, Oles, Oles Andriychuk
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Judicial Comparativism and Legal Positivism [PDF]
Transnational Legal Theory, 2014 AbstractThe article explores the relationship between the use of foreign law in courts and legal positivism. The point of departure is Jeremy Waldron's notion that foreign consensus is our law; such law exists outside of a legal system, depends on its moral merits and hence brings some of the central positivist commitments into question.
TRIPKOVIC, Bosko
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Legal Positivism’s Internal Morality [PDF]
Oxford Journal of Legal Studies, 2022 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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Study Of Legal Positivism [PDF]
Supremasi Hukum: Jurnal Kajian Ilmu Hukum, 2019 This article is a result of study that aims to explain the importance of the thought of legal positivism. The rapid development of science and technology can cause problems in life. The demands of the necessities of life to be fulfilled by human beings. Therefore, the development of legal positivism as a legal discipline closely related to the rational
Yogi Prasetyo, Absori Absori
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The Many Faces of Legal Positivism [PDF]
Ragion pratica, 2015 Fil: Redondo, Maria Cristina.
Redondo, Maria Cristina
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Archiwum Filozofii Prawa i Filozofii Społecznej, 2022 The argument of theoretical disagreement has been deemed the most serious contemporary challenge to the traditional views of law, not merely for academic legal positivists but for all lawyers and scholars. Although coined by Ronald Dworkin for the specific purpose of opposing conventionalist and positivist theories of law, the argument recognises the ...
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Legal Positivism for Legal Officials
SSRN Electronic Journal, 2022 AbstractThis paper makes a conceptual prescription: it argues that judges and lawyers should adopt a positivist concept of law, on normative grounds. The positivist view, I will argue, is more consistent with reasonable disagreement and majority rule than nonpositivist views, offers a better view of law’s moral standing, and is more consistent with ...
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Legal Positivism and Faith In Law [PDF]
The Modern Law Review, 2014 Gardner’s Law as a Leap of Faith is a work that challenges many of our most widely held beliefs about law with a special focus on legal positivism. This collection of papers is the product of one of our finest legal philosophers today with significant contributions to our understanding of the nature of law and key debates about it by earlier leading ...
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Legal Realism and Legal Positivism
Avant, 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 pertain to the theoretical status of legal realism and its relation to so called general ...
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