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Zbornik Matice Srpske za Drustvene Nauke
Article . 2013 . Peer-reviewed
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Jusnaturalism and legal positivism in contemporary American jurisprudence

Authors: Sanja Djurdjic;

Jusnaturalism and legal positivism in contemporary American jurisprudence

Abstract

In contemporary American jurisprudence, there are many different legal-theoretical courses, orientations and legal schools. In this work, the author tries to analyze jusnaturalism and legal positivism. The reason for commitment for these two legal theories the author finds in the fact that they are actually modern forms of theories with a rich philosophical tradition. The paper argues that the jusnaturalism is the oldest philosophical tradition. Legal positivism was developed in opposition to jusnaturalism in the mid-19th century. The author points out that contemporary American jurisprudence marks the conflict between jusnaturalism and legal positivism. The main reason for their disagreement is the question of the relationship between law and morality. The paper analyzes the differences between the modern version of legal positivism and jusnaturalism and their classical theories. It is noticeable that the modern versions are purified and softened versions of the classic theories. The author concludes that a kind of mitigation of positivist-jusnaturalism dispute has already begun. Finally, the author allows that in the further development of contemporary American jurisprudence a significant convergence of legal positivism and jusnaturalism can reasonably be expected.

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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!
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