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About John Austin’s Analytical Jurisprudence: The Empirical-Rationalist Legal Positivism
Social Science Research Network, 2021 Summary This article deals with analytical jurisprudence topics presented in John Austin’s work, his predecessors, and its influence on the contemporary theory of law.
Damir Banović
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Normative Legal Positivism: from Metaphysics to Politic
Isonomía, 2021 Taking as its starting point María Cristina Redondo’s book Positivismo jurídico “interno”, this article proposes an alternative conception of normativist legal positivism.
Silvia Zorzetto
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The Foundations and Effects of Self-Sufficiency in the School of Legal Positivism [PDF]
فلسفه 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
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Paradigma Positivisme Hukum John Austin Di Era Posmodernisme
Arena 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
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The Problem of Morality in Soft and Hard Legal Positivism [PDF]
Journal 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
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FEATURES OF THE PERCEPTION OF ANGLO-AMERICAN LEGAL POSITIVISM IN RUSSIAN SCIENCE
Правовое 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
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Jus Cogens, 2023 Modern jurisprudence has typically been presented as a debate between legal positivism and natural law. Though the demise of legal positivism has been touted despite its pre-eminence in past decades, it is clear that there remains a vigorous debate ...
Carmen Chas
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Legal Realism and Legal Positivism [PDF]
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 ...
Adam Dyrda
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Legal Positivism for Legal Officials
Canadian Journal of Law & Jurisprudence, 2023 This 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 ...
Felipe Jiménez
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Explaining the sources of judges’ legal conceptions in the Mexican judiciary
Latin 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
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