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Positivism to Legalism

Authors: Surendra Bhandari;

Positivism to Legalism

Abstract

This paper explicates legalism as an alternative to positivism. It is because positivism as we have seen cannot provide a correct explanation of the legal transmutation process that is taking place at the global level. This paper argues it is the time; the legal scholarship needs to move from searching the nature of law to institutionalization of rules. The idea of institutionalization of rules consists of harmonization of contesting concepts and developing a framework of law that ensures the efficiency of social institutions.

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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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