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Kant on Legal Positivism and the Juridical State
Kant Yearbook, 2021In this paper I argue that Kant’s political and juridical philosophy justifies a type of normative legal positivism that implies specific notions of law and legal freedom which determine and restrict the sphere of action of judges and jurists. Finally, I
J. Klein
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The Semantic Thesis in Legal Positivism
The Cambridge Companion to Legal Positivism, 2021For positivists, law ultimately depends solely on social facts about a community’s legal practices. This is a metaphysical thesis about the nature of law. But most positivists — including Scott Shapiro, Joseph Raz, and H.L.A.
Michael S. Green
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Transnational Law and Legal Positivism
, 2021This chapter assesses the theoretical adequacy of legal positivism in explanation of several forms and features of transnational law. We suggest that while legal positivism emerged as a philosophical account of state law in the seventeenth, eighteenth ...
Michael Giudice, Eric J. Scarffe
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THE DEVELOPMENT OF POSITIVISM'S LEGAL THEORY: FROM BENTHAM TO HART
Petita Jurnal Kajian Ilmu Hukum dan SyariahThis paper explores the development of legal positivism from Jeremy Bentham to H.L.A. Hart, focusing on key figures and their contributions to the theory.
Dwanda Julisa Sistyawan +4 more
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Legal positivism in criminal law and criminology: A retrospective analysis
JOURNAL OF THE NATIONAL ACADEMY OF LEGAL SCIENCES OF UKRAINE, 2021The article analyzes ideas of representatives of the directions in the Positivist School of Criminal Law and Criminology, namely: criminal-anthropological (biological), criminal-sociological (sociological), bio-sociological (positivist) direction.
V. Tymoshenko +4 more
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SSRN Electronic Journal, 2004
This paper explicates legalism as an alternative to positivism. It is because positivism as we have seen cannot provide a correct explanation of the legal transmutation process that is taking place at the global level. This paper argues it is the time; the legal scholarship needs to move from searching the nature of law to institutionalization of rules.
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This paper explicates legalism as an alternative to positivism. It is because positivism as we have seen cannot provide a correct explanation of the legal transmutation process that is taking place at the global level. This paper argues it is the time; the legal scholarship needs to move from searching the nature of law to institutionalization of rules.
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Defeasibility and Legal Positivism
SSRN Electronic Journal, 2009Is "defeasibility" a phenomenon that generates trouble for legal positivism? There are many very different questions and many very different issues in play when the subject of defeasibility in law is brought to the forefront. In this essay I begin by introducing and explaining an important distinction between moral and legal defeasibility.
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SSRN Electronic Journal, 2009 This short paper will be presented at a panel on "Legal Positivism: For and Against?" at the annual meeting of the Association of American Law Schools in New Orleans, January 9, 2010. It attempts to identify the theoretical considerations that explain why legal positivism is the dominant view among legal philosophers.
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International Legal Positivism
2017This chapter aims at shedding light on the curious roles performed by the idea of international legal positivism in international legal thought. This chapter first elaborates on some of the common representations of international legal positivism that have allegedly led to its demise and motivated international lawyers to refrain from declaring any ...
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Implications of Legal Positivism of the Promotion of Children's Rights on National Law
, 2020This article discusses the influence of positivism in the development of legal science, especially in the development of Indonesian law. Through the positivism which was introduced by August Comte, the study aims to analyze the legal positivism as a ...
Lita Tyesta +2 more
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