Results 31 to 40 of about 1,612,750 (298)

The Application of Criminal Sanctions to Law Enforcement Officers Involved in Online Gambling, from the Perspective of Legal Positivism.

open access: yesIndonesian Journal of Innovation Studies, 2023
This scientific article provides an in-depth analysis of the regulatory framework and legal consequences surrounding online gambling in Indonesia, with a specific focus on the provisions outlined in Law Number 19 of 2016 on Information and Electronic ...
Pika Sari   +3 more
semanticscholar   +1 more source

Legal Realism and Legal Positivism [PDF]

open access: yesAvant, 2018
American legal realism is commonly treated as a theory-pariah. The article exposes certain reasons explaining such a treatment. Generally, it seems that such an attitude is a result of many misunderstandings of realist aims and ambitions, some of which ...
Adam Dyrda
doaj   +1 more source

IMPLIKASI FILSAFAT POSITIVISME TERHADAP ILMU HUKUM DAN PENEGAKANNYA

open access: yesUnes Journal of Swara Justisia, 2023
Positivism has developed and dominated the flow of legal thought to this day. This study aims to examine the implications of positivism for law and its enforcement.
Made Oka Cahyadi Wiguna
doaj   +1 more source

Explaining the sources of judges’ legal conceptions in the Mexican judiciary

open access: yesLatin American Law Review, 2022
When explaining judicial decision-making, ideological accounts of judicial behavior have not seriously considered the judges’ legal conceptions. This paper brings together two disciplines that used to sit at separate tables: judicial politics and legal ...
Azul A. Aguiar-Aguilar   +1 more
doaj   +1 more source

Legal Positivism and the Moral Origins of Legal Systems

open access: yesCanadian Journal of Law & Jurisprudence, 2022
Legal positivists maintain that the legality of a rule is fundamentally determined by social facts. Yet for much of legal history, ordinary officials used legal terminology in ways that seem inconsistent with positivism. Judges regularly cited, analyzed,
Emad H. Atiq
semanticscholar   +1 more source

Habermas and legal positivism

open access: yesEthic@: an International Journal for Moral Philosophy, 2023
This article analyzes Habermas' critique of legal positivism based on the relationship between law and morality, focusing on the three demands that are made to morality, namely: cognitive, motivational and organizational demands.
Delamar José Volpato Dutra   +2 more
doaj   +1 more source

In search of moral foundations of law: debate on nature of inclusive legal positivism [PDF]

open access: yesОмский научный вестник: Серия "Общество. История. Современность", 2021
The paper is devoted to the analysis of the arguments of foreign jurists about the nature and advantages of inclusive legal positivism as a legal theory that justifies the existence of moral foundations of the legal system.
A. B. Didikin
doaj   +1 more source

The Distinction Between Law qnd Morality in Legal Positivism: Socio-Philosophical Dimension [PDF]

open access: yesГуманитарный вектор, 2021
The article deals with the main conceptions of the relationship between law and morality in legal positivism. The research relevance is caused by legal positivism which is influential and dynamically developing in both domestic and foreign science. The
Olga V. Smirnova, Alexey A. Kononov
doaj   +1 more source

A Critical Study of Legal Positivism As a Legal System in a Pluralist Country

open access: yesKnE Social Sciences, 2022
Legal positivism is one of the schools of legal philosophy that has a dogmatic paradigm, the fundamental principle in positivism is the principle of legality.
A. Hariri   +2 more
semanticscholar   +1 more source

Rozumienie filozofii prawa a kształt systemu prawa

open access: yesActa Iuris Stetinensis, 2022
This paper discusses the place of legal philosophy in jurisprudence related to the so-called continental legal system – the common law tradition is only occasionally mentioned.
Jan Woleński
doaj   +1 more source

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