Critics of legal positivism claim that this doctrine is no longer adequate to formulate answers to contemporary problems inherent of constitutionalism. This alleged decline of legal positivism has created a space to a neo-constitutionalist discourse, which has experimented great acceptance among constitutional law scholars, lawyers and judges. Given such critical formulations, the objective of this paper is to delineate a specific profile of legal positivism – in a neo-Kantian perspective – and discuss possible contributions and limitations set to address problems faced in contemporary constitutional jurisdiction.
Legal Positivism Through the Neo-Kantian Perspective and Constitutional Jurisdiction
2023
Aufsatz (Zeitschrift)
Elektronische Ressource
Unbekannt
immanuel kant , legal positivism , constitutionalism , hans kelsen , john austin , cognitio , Law , K
Metadata by DOAJ is licensed under CC BY-SA 1.0
FEATURES OF THE PERCEPTION OF ANGLO-AMERICAN LEGAL POSITIVISM IN RUSSIAN SCIENCE
DOAJ | 2022
|Constitutional, railway and competition law: Legal problems facing railways reforms
Online Contents | 1994
|British Library Conference Proceedings | 1997
|