Results 101 to 110 of about 1,612,750 (298)

The Ethical Justification of the Thesis that Separates Law from Morality Through John Austin

open access: yesRevista Brasileira de Filosofia do Direito, 2015
The british legal philosopher John Austin stands at the threshold of the evolution of the legal positivist tradition. His work, which dates back to the first half of the 19th century, was especially important to establish the basic elements of this ...
Galvão Rabelo
doaj   +1 more source

The Reception of Hans Kelsen\u27s Legal Theory in the United States: A Sociological Model [PDF]

open access: yes, 2008
The Essay explores the reasons underlying opposition to Hans Kelsen\u27s approach to the law within the U.S. legal academy. The vehemence with which legal scholars within the United States rejected Kelsen\u27s philosophy of law is best understood as a ...
Telman, D. A. Jeremy
core   +1 more source

NORMATIVITAS KEILMUAN HUKUM DALAM PERSPEKTIF ALIRAN PEMIKIRAN NEO-KANTIAN

open access: yesMasalah-Masalah Hukum, 2015
Scientific normativity of law conceived as a character inherent in legal science as a sui generis. Jurisprudence basically study the law, something that initially emerged from the dogmatic belief in philosophy.
FX. Adji Samekto
doaj   +1 more source

Mahkamah Konstitusi dan Penafsiran Hukum yang Progresif

open access: yesJurnal Konstitusi, 2016
The main maxim of progressive law is law for human, not human for law. Since stressing to human existence to enforce the law, the progressive law rejects the status quo based on legal positivism, the existence of written legal text containing many ...
Mahrus Ali
doaj   +1 more source

A Proposal for \u27Philosophical Method\u27 in Comparative and International Law [PDF]

open access: yes, 2009
A basic challenge of contemporary thought is to better understand the origin, persistence, and future course of international/ comparative law. I suggest that a foundational step is to begin treating the law as a philosophical matter.
Gillroy, John Martin
core   +1 more source

Legal Reconstruction: Ingsutan Paradigmatic on the Determination of the Positivism Paradigm and Legal Positivism in Law Enforcement in Indonesia

open access: yesThe International Journal of Science and Society, 2019
Law as control should regard the reality, values and factors that determine every society's behaviour or action. As defined by the positivism and legal positivism paradigm, law enforcement should shift into a constructivist legal paradigm framework to ...
Unggul Basoeky
semanticscholar   +1 more source

Normativity of Scientific Law in the Perspective of Neo-Kantian Schools of Thought

open access: yesHasanuddin Law Review, 2017
Scientific normativity of law conceived as a character inherent in legal science as a sui generis. Jurisprudence basically studies the law, something that initially emerged from the dogmatic belief in philosophy.
FX. Adji Samekto, Ani Purwanti
doaj   +1 more source

The Elements of International Legal Positivism

open access: yesCurrent Legal Problems, 2022
Abstract This article contains a plea for continuing attention to the elements of international legal positivism. Using the language of ‘elements’ deliberately plays on the positivist tendency to describe the legal discipline as a legal science. Yet law’s elements differ in important ways from the usual objects of scientific inquiry. Law’
openaire   +2 more sources

POLITIK HUKUM NASIONAL TERHADAP HUKUM ADAT (STUDI MASYARAKAT HUKUM ADAT REJANG DI BENGKULU) [PDF]

open access: yes, 2016
POLITICAL NATIONAL LAW ON INDIGENOUS (Study of Indigeneous People in Bengkulu Rejang) ABSRACT Teguh Kayen, NIM R100140010, Student of Law Magister Muhammadiyah University of Surakarta In the literature of foreign language are much discussed about ...
, Dr. Aidul Fitriciada Azhari, SH., M.Hum   +2 more
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