Results 11 to 20 of about 90,256 (303)

In search of moral foundations of law: debate on nature of inclusive legal positivism [PDF]

open access: yesОмский научный вестник: Серия "Общество. История. Современность", 2021
The paper is devoted to the analysis of the arguments of foreign jurists about the nature and advantages of inclusive legal positivism as a legal theory that justifies the existence of moral foundations of the legal system.
A. B. Didikin
doaj   +1 more source

DEVELOPMENT OF AN IDEAL MODEL BASED ON POSITIVISM AND ITS IMPLICATION TOWARDS LEGAL SCIENCE AND LAW ENFORCEMENT

open access: yesDiponegoro Law Review, 2020
The development of legal science and law enforcement is one of the main issues in many countries. The focus of this writing is positivism and its implication towards legal science and law enforcement.
Yusriyadi Yusriyadi
doaj   +1 more source

The Distinction Between Law qnd Morality in Legal Positivism: Socio-Philosophical Dimension [PDF]

open access: yesГуманитарный вектор, 2021
The article deals with the main conceptions of the relationship between law and morality in legal positivism. The research relevance is caused by legal positivism which is influential and dynamically developing in both domestic and foreign science. The
Olga V. Smirnova, Alexey A. Kononov
doaj   +1 more source

Reflective Legal Positivism

open access: yesArchiwum 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 ...
openaire   +2 more sources

PENGARUH POSITIVISME DALAM PERKEMBANGAN ILMU HUKUM DAN PEMBANGUNAN HUKUM INDONESIA

open access: yesAl-Mazaahib, 2012
This article discusses about the positivism influence to jurisprudence and law development, especially in Indonesia, and the analysis of the strength and the weakness of the positivism influence.
Sri Wahyuni
doaj   +1 more source

The Coloniality of Law in Peru:Legal Positivism, Rape & Racialized Morality in Early Twentieth-Century Courts

open access: yesHistoria 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
doaj   +1 more source

International Legal Positivism and Legal Realism [PDF]

open access: yes, 2013
This chapter, a contribution to a book on International Legal Positivism in a Post-Modern World, gauges the potential for mutually enriching interactions between international legal positivism and legal realism.
Telman, D. A. Jeremy
core   +2 more sources

Rozumienie filozofii prawa a kształt systemu prawa

open access: yesActa Iuris Stetinensis, 2022
This paper discusses the place of legal philosophy in jurisprudence related to the so-called continental legal system – the common law tradition is only occasionally mentioned.
Jan Woleński
doaj   +1 more source

LEGAL POSITIVISM: AN OBSTACLE IN THE PROCESS OF STRENGTHENING THE RULE OF LAW IN BOSNIA AND HERZEGOVINA

open access: yesJournal of Liberty and International Affairs, 2021
So far, a legal positivism issue in the process of strengthening the rule of law in Bosnia and Herzegovina was not recognized by the wider academic community. The expert report on rule of law issues in Bosnia and Herzegovina addresses, for the first time,
Benjamin Nurkic
doaj   +1 more source

Institutional mimesis: an experimental study on the grounding of legal concepts [PDF]

open access: yes, 2017
Legal institutions, legal systems, law in general are human artefacts: Not only they are human-dependent entities—a lot of things are human-dependent and are not artefacts: pollution, for example—, but they are created by humans as the object and outcome
Borghi, ANNA MARIA   +2 more
core   +1 more source

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