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2021
Este trabalho expõe as diferentes posições sobre positivismo jurídico, uma vez que o positivismo filosófico é semelhante ao positivismo jurídico e é uma ideia sem a qual não é possível compreender ou explicar os fundamentos epistemológicos do conhecimento do direito positivo.
Carrillo de la Rosa, Yezid +1 more
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Este trabalho expõe as diferentes posições sobre positivismo jurídico, uma vez que o positivismo filosófico é semelhante ao positivismo jurídico e é uma ideia sem a qual não é possível compreender ou explicar os fundamentos epistemológicos do conhecimento do direito positivo.
Carrillo de la Rosa, Yezid +1 more
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2018
Legal positivism is the approach in the philosophy of law which treats ‘positive law’ – law laid down in human societies through human decisions – as a distinct phenomenon, susceptible of analysis and description independently of morality, divine law or mere natural reality. It shares with philosophical positivism the aim of dealing in facts, but these
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Legal positivism is the approach in the philosophy of law which treats ‘positive law’ – law laid down in human societies through human decisions – as a distinct phenomenon, susceptible of analysis and description independently of morality, divine law or mere natural reality. It shares with philosophical positivism the aim of dealing in facts, but these
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Legal Positivism and Legal Disagreements
Ratio Juris, 2009AbstractThis paper deals with the possibility of faultless disagreement in law. It does this by looking to other spheres in which faultless disagreement appears to be possible, mainly in matters of taste and ethics. Three possible accounts are explored: the realist account, the relativist account, and the expressivist account.
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2010
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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Legal Positivism and Deontic Detachment
Ratio Juris, 2018AbstractI consider a puzzle that arises when the logical principle known as “deontic detachment” is applied to the law. It is not possible to accept the principle of deontic detachment in a legal setting while also accepting that the so‐called “social facts thesis” applies to all legal propositions.
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2003
This article tries to present the jurisprudential school of thought, legal positivism, within a larger context than is usual in contemporary English-language discussions of that approach: (1) showing the intellectual and political contexts in which the movement began; (2) emphasizing the variety of theories that fit under that label (e.g., how the ...
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This article tries to present the jurisprudential school of thought, legal positivism, within a larger context than is usual in contemporary English-language discussions of that approach: (1) showing the intellectual and political contexts in which the movement began; (2) emphasizing the variety of theories that fit under that label (e.g., how the ...
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Legal Realism and Legal Positivism
2014In this chapter, I argue that even though Olivecrona explicitly rejects legal positivism, conceived as the theory that law is the content of a sovereign will, he is best understood as a legal positivist as this theory is understood by contemporary jurisprudents.
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Legal Principles and Legal Positivism
1984The main purpose of this article is to question the soundness of a recent attack on legal positivism launched by Professor Ronald M. Dworkin in his essay “Is law a system of rules?”1 I do not think any preliminary explanation of the strategy of my argument is necessary except for my use of a model taken from the rules of a game.
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Advanced Introduction to Legal Positivism
"Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars.
Tuori, Kaarlo,
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