Article title Positivism in Anglo-American Legal Philosophy. Doctrine of Herbert L. A. Hart
Name of magazine Scientific journal «Philosophy of Law and General Theory of Law» (Ukrainian language)
Issue 1/2013
Сторінки [300-313]
Annotation This article is concerned with a characteristic of legal positivism as it’s presented in contemporary Anglo-American legal thought. The main criteria of identification of legal positivism are systematized including theses of social fact, conventionality and separability (of law and morality). The basic conceptions/ types of legal positivism are described: J. Austin’s command theory, H. Kelsen’s normativism, H. Hart’s theory of rules/inclusive positivism, J. Raz’s exclusive positivism. The article also analyses in more detail H. Hart’s doctrine of law, its content, significance, methodological foundations, interconnections with other positivistic conceptions as well as major lines of its substantial and methodological criticism.
Keywords legal positivism, concept of law, methodology of jurisprudence, H. Hart, J. Austin, H. Kelsen, J. Raz.
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