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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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Recognition of Customary Norms Within the Framework of Indonesian Legal Positivism
Khazanah HukumThe recognition of customary norms within Indonesia’s legal system continues to face challenges due to the dominance of legal positivism, which emphasizes legal certainty through codified regulations.
Firdaus Arifin +4 more
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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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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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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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1996
Abstract Legal positivism is a theory about the nature of law and legal institutions. Apropos of the present study, positivism is also a theory about the truth conditions for propositions of law. The focus of this chapter will be on the work of the most important legal positivist of the twentieth century, H. L. A. Hart.
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Abstract Legal positivism is a theory about the nature of law and legal institutions. Apropos of the present study, positivism is also a theory about the truth conditions for propositions of law. The focus of this chapter will be on the work of the most important legal positivist of the twentieth century, H. L. A. Hart.
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Bulygin’s Analytical Legal Positivism
2021Fil: Redondo, Maria Cristina. Universidad Nacional de Córdoba. Centro de Investigaciones Jurídicas y Sociales. Consejo Nacional de Investigaciones Científicas y Técnicas. Centro Científico Tecnológico Conicet - Córdoba.
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Abstract The aim of this chapter is to examine some of the most important aspects that characterise legal positivism in the civil law tradition. First, it examines the seminal insights developed independently by Norberto Bobbio and Alf Ross into the ambiguity of the term ‘legal positivism’, which prior to their contributions was used ...
Giovanni Battista Ratti +1 more
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Giovanni Battista Ratti +1 more
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