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 Translation for 'legal positivism' from English to Russian
правофилос.
правовой позитивизм {м}
legal positivism
правофилос.
юридический позитивизм {м}
legal positivism
право
законный {adj}
legal
право
судебные издержки {мн}
legal costs
право
правовой статус {м}
legal status
право
правовые последствия {мн}
legal consequences
право
дееспособность {ж}
legal capacity
право
правоотношение {с}
legal relationship
8 translations
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Usage Examples English
  • One important debate is within legal positivism. One school is sometimes called "exclusive legal positivism" and is associated with the view that the legal validity of a norm can never depend on its moral correctness.
  • In 2005, Chinese law expert Randall Peerenboom compares Han Fei with the accepted standards of legal positivism, and concludes that he is a legal positivist.
  • Scholars of "Mishpat Ivri" typically adopt methodologies based on legal positivism.
  • The legal impenetrability of the Ottoman legal code created during the Tanzimat era began to weaken continuously through the spread of European empires and the prevalence of legal positivism.
  • In the Seventeenth Century Thomas Hobbes founded a contractualist theory of legal positivism on what all men could agree upon: what they sought (happiness) was subject to contention, but a broad consensus could form around what they feared (violent death at the hands of another).

  • In September 1945, Radbruch published a short paper "Fünf Minuten Rechtsphilosophie" (Five Minutes of Legal Philosophy)", which was influential in shaping the jurisprudence of values ("Wertungsjurisprudenz"), prevalent in the aftermath of World War II as a reaction against legal positivism.
  • Kelsen's neo-Kantian defense of legal positivism was influential on H.
  • John Austin (3 March 1790 – 1 December 1859) was an English legal theorist, who posthumously influenced British and American law with an analytical approach to jurisprudence and a theory of legal positivism.
  • Under rational-legal authority, legitimacy is seen as coming from a legal order and the laws that have been enacted in it (see also natural law and legal positivism).
  • A second important debate, often called the "Hart–Dworkin debate", concerns the battle between the two most dominant schools in the late 20th and early 21st century, legal interpretivism and legal positivism.

  • Because the ultimate source of law now comes from the sovereign, and the sovereign's decisions need not be grounded in morality, legal positivism is born.
  • Lon Luvois Fuller (June 15, 1902 – April 8, 1978) was an American legal philosopher, who criticized legal positivism and defended a secular and procedural form of natural law theory.
  • Dworkin's opinion of Hart's legal positivism was expressed in its fullest form in the book "Law's Empire".
  • Historically, legal positivism is in opposition to natural law's theories of jurisprudence, with particular disagreement surrounding the natural lawyer's claim that there is a necessary connection between law and morality.
  • In contrast, civil law systems adhere to a legal positivism, where past decisions do not usually have the precedential, binding effect that they have in common law decision-making; the judicial review practiced by constitutional courts can be regarded as a notable exception.

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    © dict.cc Russian-English dictionary 2025
    Contains translations by TU Chemnitz and Mr Honey's Business Dictionary (German-English only).
    Links to this dictionary or to individual translations are very welcome!