The essay gives an overview of the most important meanings of the expression "legal positivism" and the main forms of legal positivism that can be found in the analytical jurisprudence of civil law area. In particular, the relationship between positivism and ethical non-cognitivism and the debate about interpretation within the positivist camp are discussed. In addition, two areas are examined in which methodological positivism has greatly advanced the understanding of and work with law: the theory of normative systems and the conceptual analysis of validity and applicability.
Legal Positivism
Giovanni Battista Ratti;Cristina Redondo
2024-01-01
Abstract
The essay gives an overview of the most important meanings of the expression "legal positivism" and the main forms of legal positivism that can be found in the analytical jurisprudence of civil law area. In particular, the relationship between positivism and ethical non-cognitivism and the debate about interpretation within the positivist camp are discussed. In addition, two areas are examined in which methodological positivism has greatly advanced the understanding of and work with law: the theory of normative systems and the conceptual analysis of validity and applicability.
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