Avant (Apr 2018)
The Metaphysics of Legal Positivism in the Light of Phenomenology of Law
Abstract
The article describes one of the tasks of legal theory that is designated by an idea of legal positivism. It focuses on the question concerning the cognition of the essence or nature of law in the context of two positivistic theses: the thesis about the separation of law and morality and the thesis about the social sources of law. The author analyzes this issue with methods that are developed in the phenomenology of law, treating this conceptualization as complementary to the methods of analytical jurisprudence.
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