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image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao https://doi.org/10.1...arrow_drop_down
image/svg+xml Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao Closed Access logo, derived from PLoS Open Access logo. This version with transparent background. http://commons.wikimedia.org/wiki/File:Closed_Access_logo_transparent.svg Jakob Voss, based on art designer at PLoS, modified by Wikipedia users Nina and Beao
https://doi.org/10.1007/978-3-...
Part of book or chapter of book . 2017 . Peer-reviewed
License: Springer TDM
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Legal Positivism, Legal Realism, and Legal Pluralism

Authors: Unai Urrastabaso Ruiz;

Legal Positivism, Legal Realism, and Legal Pluralism

Abstract

This chapter argues that the definition of law proposed from legal positivism influences interpretations of political action through its dismissal of legal claims that question state authority. It is argued that this leads toward methodological nationalism . Legal realism and legal pluralism are proposed as alternative approaches to develop a more nuanced, empirical, and critical understanding of the relationship between social and legal theories. A brief overview of legal realism brings to the fore its main features, and the work of Harold J. Berman illustrates how such a perspective can have an effect on concept of society. Legal pluralism is introduced as a different yet converging perspective. The focus is placed on authors such as Lauren Benton, whose work provides an alternative analytical context to study the meanings of legal disputes, and Paul Halliday, whose analysis illustrates the different kind of sociological analysis that the perspective can produce.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
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