Results 51 to 60 of about 1,612,750 (298)

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

Reflective Legal Positivism

Archiwum Filozofii Prawa i Filozofii Społecznej, 2022
The argument of theoretical disagreement has been deemed the most serious contemporary challenge to the traditional views of law, not merely for academic legal positivists but for all lawyers and scholars. Although coined by Ronald Dworkin for the specific purpose of opposing conventionalist and positivist theories of law, the argument recognises the ...
openaire   +2 more sources

Institutional mimesis: an experimental study on the grounding of legal concepts [PDF]

, 2017
Legal institutions, legal systems, law in general are human artefacts: Not only they are human-dependent entities—a lot of things are human-dependent and are not artefacts: pollution, for example—, but they are created by humans as the object and outcome
Borghi, ANNA MARIA, Pasqui, Leonardo, Roversi, Corrado   +2 more
core   +1 more source

The Epistemological Turn of the Twentieth Century’s Legal Positivism

Netherlands Journal of Legal Philosophy
Luis Manuel Sanchez
openalex   +2 more sources

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

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

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

Exclusive Legal Positivism and Legal Autopoiesis: Towards a Theory of Dialectical Positivism [PDF]

Rechtstheorie, 2015
In spite of a relatively short period of popularity in the 1980s–1990s, legal autopoiesis is not amongst the most debated theories in contemporary jurisprudence. On the methodological side, this loss of interest was, to some extent, predetermined by its sociological origins, metaphorical apparatus, the complexity of Niklas Luhmann’s theory of social ...
openaire   +3 more sources

Research Assessment and Legal Scholarship

Legal Education Review, 2008
This paper pursues some related, interdisciplinary themes relevant to the future of law and the teaching of law. In part, it responds to recent contributions by Margaret Thornton and by Tamara Walsh.
Christopher Arup
doaj   +1 more source