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Legal Principles and Legal Positivism
1984The main purpose of this article is to question the soundness of a recent attack on legal positivism launched by Professor Ronald M. Dworkin in his essay “Is law a system of rules?”1 I do not think any preliminary explanation of the strategy of my argument is necessary except for my use of a model taken from the rules of a game.
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The principle of legality in the legal process (historical and legal aspect)
Law, Economics and ManagementThe article examines the peculiarities of understanding and implementing the principle of legality in the Soviet period. Using the example of studying the legal process in the sphere of application of law in relation to persons who do not fulfill constitutional obligations to engage in socially useful work, strict observance of the principle of ...
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Hart and the Principles of Legality
2008AbstractThis chapter contends that Hart in some portions of his work relies upon an understanding of the fundamental principles of legality as moral principles, even though Hart elsewhere insists that the principles of legality are morally neutral. It redefends the position of Lon Fuller in the debates between Hart and Fuller that took place several ...
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The Principle of Legal Certainty
Lobbying in the Legislative ProcessThe article analyzes the principle of legal certainty, which is the subject of consideration not only of the legal doctrine, but also of the Constitutional Court of Russia, as well as international judicial bodies. A legal norm should have a concretized expression, but in a number of cases, the specificity of the normative material is either difficult ...
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