Results 11 to 20 of about 3,055,137 (258)

Bulygin’s Analytical Legal Positivism

open access: yes, 2021
In this chapter, I present a set of theses that outline the main traits of Bulygin's conception of legal positivism. Eugenio Bulygin is a prominent example of a positivist legal theorist.
Redondo, Maria Cristina   +1 more
core   +2 more sources

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

Charter Challenges: A Test Case for Theories of Law

open access: yesOsgoode 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
doaj   +1 more source

The misconceptions of legal positivism and the way ahead [PDF]

open access: yes, 2021
The definition of legal positivism is that the thesis depends on the social facts rather than the ...
Mahaseth, Harsh
core  

Exclusive Legal Positivism and Legal Autopoiesis: Towards a Theory of Dialectical Positivism [PDF]

open access: yes, 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.
Andriychuk, Oles, Oles Andriychuk
core   +1 more source

Introduction

open access: yes, 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
core   +1 more source

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

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

Judicial comparativism and legal positivism [PDF]

open access: yes, 2014
The 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 ...
TRIPKOVIC, Bosko
core   +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

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