Results 11 to 20 of about 1,612,750 (298)
Legal Positivism for Legal Officials [PDF]
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 ...
Felipe Jiménez
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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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PERGULATAN HUKUM POSITIVISTIK MENUJU PARADIGMA HUKUM PROGRESIF [PDF]
Masalah-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
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Anglo-American legal positivism: Stages of formation and development
RUDN Journal of LawAnglo-American legal positivism is an influential trend in modern legal thought. Understanding this framework is crucial not only for addressing gaps in scientific knowledge within political and legal doctrines but also for applying relevant developments
Maxim D. Gorbunov
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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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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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COMMON ISSUES OF NATIONAL AND ANGLO-AMERICAN (ANALYTICAL) LEGAL POSITIVISM
Правовое государство: теория и практикаThe article examines the issue of finding the basis for common ground and scientific dialogue between national legal positivism and analytical positivism represented in common law countries.
GORBUNOV Maxim Dmitrievich
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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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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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Legal Positivism, Positive Law, and the Positivisation of Islamic Law In Indonesia
Ulumuna, 2018 This study elucidates the legal positivism and critically compares it with other schools of philosophy of law. Debates on the legislation of Islamic law in Indonesian can be traced back to the discursive practice of legal philosophy such as legal ...
Muslihun Muslihun
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