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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 Archivio istituziona...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/10.1093/978019...
Part of book or chapter of book . 2024 . Peer-reviewed
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Legal Positivism

Authors: Giovanni Battista Ratti; Cristina Redondo;

Legal Positivism

Abstract

Abstract The aim of this chapter is to examine some of the most important aspects that characterise legal positivism in the civil law tradition. First, it examines the seminal insights developed independently by Norberto Bobbio and Alf Ross into the ambiguity of the term ‘legal positivism’, which prior to their contributions was used loosely to refer to legalistic ideology, formalistic legal theory, and empirical legal methodology. Second, it explores the connections between ethical noncognitivism and positivism itself, which positivist theorists in the civil law tradition have found difficult to avoid. Next, three of the most important results of civil law legal positivism are examined: the analysis of the systematic properties of norms (such as validity, applicability, efficacy, and defeasibility), the theory of normative systems, and the theory of legal interpretation.

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citations
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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