Results 21 to 30 of about 90,256 (303)

Internal goods to legal practice: reclaiming fuller with macintyre [PDF]

, 2015
Lon Fuller rejected legal positivism because he believed that the ‘procedural morality of law’ established a necessary connection between law and morals. Underpinning his argument is a claim that law is a purposive activity grounded by a relationship of
Retter, Mark
core   +1 more source

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

RUDN 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

Theoretical disagreement about law [PDF]

Anali 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

Cognitio, 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

Positivisme dan Implikasinya terhadap Ilmu dan Penegakan Hukum oleh Mahkamah Konstitusi (Analisa Putusan Nomor 46/PUU-XIV/2016)

Jurnal Konstitusi, 2020
This paper reveals fundamental questions about the implications of the school of positivism for science and law enforcement in the Constitutional Court.
Tundjung Herning Sitabuana, Ade Adhari
doaj   +1 more source

Legal Positivism, Positive Law, and the Positivisation of Islamic Law In Indonesia

Ulumuna, 2018
This study elucidates the legal positivism and critically compares it with other schools of philosophy of law. Debates on the legislation of Islamic law in Indonesian can be traced back to the discursive practice of legal philosophy such as legal ...
Muslihun Muslihun
doaj   +1 more source

Anglo-American legal positivism: Stages of formation and development

RUDN Journal of Law
Anglo-American legal positivism is an influential trend in modern legal thought. Understanding this framework is crucial not only for addressing gaps in scientific knowledge within political and legal doctrines but also for applying relevant developments
Maxim D. Gorbunov
doaj   +1 more source

Machado de Assis and the modern legal imaginary in Brazil: contributions to the scientific development of legal positivism

Anamorphosis, 2017
The text analyzes the legal-political imaginary of legal positivism in Brazil in interface with the literature by Machado de Assis. It recovers the main hermeneutical traditions and traces an evaluation of positivism in times of crisis.
Elpídio Paiva Luz Segundo
doaj   +1 more source

John Searle and the ontology of the social world: Groundwork for a theory on the object of legal science

Filosofia Unisinos, 2021
Searle’s theory on the ontology of the social world affords reasons to explain the existence of such things as “laws” and “rights” without the assumption that there are any “natural” rights.
Marcelo Araujo
doaj   +1 more source

Teori Utilitarianisme Jeremy Bentham: Tujuan Hukum Atau Metode Pengujian Produk Hukum?

Jurnal Konstitusi, 2022
Utility as a legal purpose has become a belief in Indonesia. In his literature, Bentham implies that utility are the dimension of the calculation of pleasure and pain, which is more appropriate to be used as a method of evaluating laws and regulations ...
Endang Pratiwi, Theo Negoro, Hassanain Haykal   +2 more
doaj   +1 more source