Results 21 to 30 of about 3,055,137 (258)

LEGAL POSITIVISM: AN OBSTACLE IN THE PROCESS OF STRENGTHENING THE RULE OF LAW IN BOSNIA AND HERZEGOVINA

open access: yesJournal of Liberty and International Affairs, 2021
So far, a legal positivism issue in the process of strengthening the rule of law in Bosnia and Herzegovina was not recognized by the wider academic community. The expert report on rule of law issues in Bosnia and Herzegovina addresses, for the first time,
Benjamin Nurkic
doaj   +1 more source

The Cambridge companion to legal positivism /

open access: yes, 2021
Legal positivism is one of the fundamental theories of jurisprudence studied in law and related fields around the world. This volume addresses how legal positivism is perceived and makes the case for why it is relevant for contemporary legal theory.
Spaak, Torben,, Mindus, Patricia,
core   +1 more source

Legal Positivism as an Idea About Morality [PDF]

open access: yes, 2011
I ask what a proper critical target for \u27legal positivism\u27 might be. I argue that utilitarian moral theory, and more generally fully directive moral theories, are unacknowledged motivations for legal positivism.
Stone, Martin J.
core   +2 more sources

Sedno idei pozytywizmu prawniczego [PDF]

open access: yesArchiwum Filozofii Prawa i Filozofii Społecznej, 2012
Much in recent discussions on legal positivism suggests that the controversy surrounding the notion turns on the distinction between inclusive and exclusive legal positivism.
Stanley L. Paulson
doaj  

The evolution of anglo-american legal positivism in the late 19th - early 20th centuries: understanding jurisprudence and law in the teachings of J. W. Salmond

open access: yesRUDN Journal of Law, 2022
The article is devoted to the legal doctrine of the famous New Zealand jurist John William Salmond - one of the most remarkable representatives of Anglo-American legal positivism, who made a significant contribution to its development.
Anton M. Mikhailov
doaj   +1 more source

The elements of international legal positivism [PDF]

open access: yes, 2022
This article contains a plea for continuing attention to the elements of international legal positivism. Using the language of ‘elements’ deliberately plays on the positivist tendency to describe the legal discipline as a legal science.
Hovell, Devika
core   +1 more source

Theoretical disagreement about law [PDF]

open access: yesAnali Pravnog Fakulteta u Beogradu, 2014
As the dominant direction of the study of legal phenomena, legal positivism has suffered criticisms above all from representatives of natural law. Nevertheless, the most complex criticism of legal positivism came from Ronald Dworkin.
Zdravković Miloš
doaj   +1 more source

Legal Positivism Through the Neo-Kantian Perspective and Constitutional Jurisdiction

open access: yesCognitio, 2023
Critics of legal positivism claim that this doctrine is no longer adequate to formulate answers to contemporary problems inherent of constitutionalism.
Raphael Marcelino
doaj   +1 more source

The Many faces of Legal Positivism [PDF]

open access: yes, 2015
This paper provides a discussion on legal positivism and can be ideally divided into two main parts. The first one deals with Norberto Bobbio´s distinction of three kinds of legal positivism: methodological, theoretical and ethical positivism.
Redondo, Maria Cristina
core   +1 more source

Legal Positivism

open access: yes
The essay gives an overview of the most important meanings of the expression "legal positivism" and the main forms of legal positivism that can be found in the analytical jurisprudence of civil law area. In particular, the relationship between positivism
Giovanni Battista Ratti   +1 more
core   +3 more sources

Home - About - Disclaimer - Privacy