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Hans J. Morgenthau’s Critique of Legal Positivism: Politics, Justice, and Ethics in International Law [PDF]
Jus Cogens, 2023 Modern jurisprudence has typically been presented as a debate between legal positivism and natural law. Though the demise of legal positivism has been touted despite its pre-eminence in past decades, it is clear that there remains a vigorous debate ...
Carmen Chas
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Legal Positivism and Faith In Law [PDF]
The Modern Law Review, 2014 Gardner’s Law as a Leap of Faith is a work that challenges many of our most widely held beliefs about law with a special focus on legal positivism. This collection of papers is the product of one of our finest legal philosophers today with significant contributions to our understanding of the nature of law and key debates about it by earlier leading ...
Thom Brooks
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Legal Reasoning: How Well-Known Marks are Positioned Through Legal Positivism [PDF]
Jurnal Ilmiah Kebijakan Hukum, 2023 Legal protection for well-known mark needs to be examined. Indonesia has tried to conform its legal system with international law, most notably the Paris Convention and the TRIPS Agreement. However, the court’s decision indicates that the well-known mark
Achmad Achmad, Zakki Adlhiyati
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Jeremy Bentham and the Origins of Legal Positivism [PDF]
The Cambridge Companion to Legal Positivism, 2021 H. L. A. Hart is generally recognised as the most influential twentiethcentury exponent of the doctrine of legal positivism. According to Hart, Jeremy Bentham (1748–1832), the philosopher and reformer, ‘opened the long positivist tradition in English ...
Philip Schofield
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Lex Publica, 2021 Legal positivism is widely embraced in modern law in almost all jurisdictions in the world, including in Southeast Asia and Central Asia. Legal positivism fully depends on how the sentence is written in the law, while legal realism uses the law only as a
Boy Nurdin, Khayitjon Turdiev
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Expansion of the Discretion Concept Reviewed from Legal Anti-Positivism [PDF]
Jurnal Ilmiah Kebijakan Hukum, 2022 Annisa Salsabila
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Paradigma Positivisme Hukum John Austin Di Era Posmodernisme
Arena Hukum, 2023 The purpose of this research is to find out how the legal positivism paradigm of John Austin in the era of postmodernism and explain the relevance of legal positivism in law enforcement in Indonesia. This research uses method of philosophy of law.
Adam Setiawan +1 more
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The Problem of Morality in Soft and Hard Legal Positivism [PDF]
Journal of Philosophical Investigations, 2023 The law is the reason and guide for human behavior; therefore, it is a normative social practice. But what conditions should a norm have to be called a law and what is its relationship with morality?
Ataollah Salehi, Mahdi Balavi
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FEATURES OF THE PERCEPTION OF ANGLO-AMERICAN LEGAL POSITIVISM IN RUSSIAN SCIENCE
Правовое государство: теория и практика, 2022 The Anglo-American legal doctrine is traditionally perceived by Russian science as an alternative system of knowledge of law, born in fundamentally different conditions ofthe Anglo-Saxon legal family.
GORBUNOV Maxim Dmitrievich
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Legal Positivism as a Theory of Law’s Existence
Isonomía, 2021 Legal Positivism as a Theory of Law’s Existence: A Comment on Margaret Martin’s Judging Positivism This comment critically examines the conception of legal positivism that informs Margaret Martin’s interesting and multilayered challenge against the ...
Jorge Luis Fabra Zamora
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