The argument of the principles in contemporary theory of law: An antipositivist plea

Abstract

The theory of legal principles knows today a resonance unknown in other times of legal science and several authors have dedicated themselves to its formation, each of them giving important elements in its configuration. This article presents the characteristics of the contemporary theory of the principles and the contributions that the most important authors in the field gave to it. Furthermore, it shows how the theory of principles has been developed as an argument against the main thesis of legal positivism, the dominant legal culture until the second half of the twentieth century.

Keywords

• Legal principles
• rules
• legal system
• adjustment
• criteria for distinguishing between rules and principles
• Ronald Duorkin
• Robert Alexy