Results 11 to 20 of about 2,984,612 (283)
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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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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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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The Many Faces of Legal Positivism [PDF]
Ragion pratica, 2015 Fil: Redondo, Maria Cristina.
Redondo, Maria Cristina
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In search of moral foundations of law: debate on nature of inclusive legal positivism [PDF]
Омский 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
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Diponegoro 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
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Charter Challenges: A Test Case for Theories of Law
Osgoode Hall Law Journal, 1991 The author's primary objective is to show that versions of legal positivism, according to which legal validity sometimes depends on moral validity (Inclusive Legal Positivism), are theoretically preferable to those forms of positivism (Exclusive Legal ...
W. J. Waluchow
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The Scope of Legal Positivism: Validity or Interpretation?
, 2021 Spaak argues that legal positivists need to consider the social thesis in light of an important distinction between two levels of legal thinking, namely, the level of the sources of law (existence) and the level of the interpretation and application of ...
Spaak, Torben,, Torben Spaak
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PENGARUH POSITIVISME DALAM PERKEMBANGAN ILMU HUKUM DAN PEMBANGUNAN HUKUM INDONESIA
Al-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
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, 2021 Much has been said about legal positivism. Yet, given the lack of clarity as to what, exactly, it stands, or should stand, for, more is to be said, not only about what legal positivism is, or might be, and its different types but also about its different
Spaak, Torben, +3 more
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