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Legal Positivism
(393 words)

[German Version]

Legal positivism is the jurisprudential doctrine that only effective statutory (“positive”) law (Law and jurisprudence) can be called “law in the strict sense” (see also positivism). Here there is a need to distinguish between sociological and normative legal positivism. Sociological positivism examines the facts of the real organization of a society. Normative positivism emphasizes instead the deontic aspects of positive law. Current debate is focused on normative positivism.

In his posthumous (1861) Lectures on Jurisprudence, Austin, building on Gust…

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Hruschka, Joachim, “Legal Positivism”, in: Religion Past and Present. Consulted online on 17 November 2019 <http://dx.doi.org/10.1163/1877-5888_rpp_SIM_124547>
First published online: 2011
First print edition: ISBN: 9789004146662, 2006-2013



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