A model of legal positivism: the contribution of Herbert Hart
ONE OF HART’S KEY CONTRIBUTIONS WAS TO TRY TO UNDERSTAND AND EXPLAIN LAW AS A NORMATIVE SYSTEM THAT HAS SOME WELL-KNOWN CHARACTERISTICS, AMONG OTHERS: ITS RELATIONS WITH LANGUAGE, COERCION, POWER AND MORAL. DESPITE BEING A SUPPORTER OF LEGAL POSITIVISM, HART DOES NOT DENY THAT CONTEMPORARY LEGAL SYS...
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| Tipo de recurso: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2007 |
| País: | Brasil |
| Institución: | Fundação Getulio Vargas (FGV) |
| Repositorio: | Revista Direito GV |
| Idioma: | portugués |
| OAI Identifier: | oai:ojs.periodicos.fgv.br:article/35200 |
| Acceso en línea: | https://periodicos.fgv.br/revdireitogv/article/view/35200 |
| Access Level: | acceso abierto |
| Palabra clave: | LEGAL POSITIVISM LEGAL THEORY LAW AND MORAL SOFT POSITIVISM HERBERT HART POSITIVISMO JURÍDICO TEORIA DO DIREITO DIREITO E MORAL POSITIVISMO SUAVE |
| Sumario: | ONE OF HART’S KEY CONTRIBUTIONS WAS TO TRY TO UNDERSTAND AND EXPLAIN LAW AS A NORMATIVE SYSTEM THAT HAS SOME WELL-KNOWN CHARACTERISTICS, AMONG OTHERS: ITS RELATIONS WITH LANGUAGE, COERCION, POWER AND MORAL. DESPITE BEING A SUPPORTER OF LEGAL POSITIVISM, HART DOES NOT DENY THAT CONTEMPORARY LEGAL SYSTEMS ARE COMPLEX AND ENFORCED PRINCIPLES AND MORAL VALUES THAT ARE RELEVANT IN VALID LAW AS THEY ADD NEW ETHICAL DIMENSIONS RELATED TO THE LEGAL PROCESS AND DECISION TAKING. TO PRESENT A REVIEW OF HART’S THEORY TAKING INTO ACCOUNT THE STATE OF PLAY IN CONSTITUTIONAL AND DEMOCRATIC NATIONS, AS WELL AS, TO GIVE AN INCENTIVE TO KNOW AND STUDY IN DEPTH THIS AUTHOR ARE THE MAIN OBJECTIVES OF THIS PAPER. |
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