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Bratislava Law Review
Article . 2017 . Peer-reviewed
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Bratislava Law Review
Article
License: CC BY NC ND
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Bratislava Law Review
Article . 2017
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Discussion and understanding of law in 20th century

Authors: Jarmila Chovancová;

Discussion and understanding of law in 20th century

Abstract

Dominant discussion is understanding law and morality which represents neverending story. The article analyzes positive law in 20th century represented by H.L. A Hart and natural law development by L.L. Fuller and R. Alexy. Twentieth century can be called a period during which natural law has been shifted towards more positivism within the natural law. Positive law can be understood as a doctrine based on the Bentham’s utilitarism which didn’t accept other normative systems to be involved into concept of law. Prominent representatives of this theory have completely excluded moral content of the legal standards and they consider these to be irrelevant for the validity of the law. According to them evaluating standards through moral criteria is not appropriate because this brings chaos into the jural thinking.

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Keywords

iusnaturalism, rules, Law of Europe, iuspositivism, principles, utilitarism, K, Law, KJ-KKZ, legal standards

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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!
1
Average
Average
Average
gold