On the possibility of an internal legal positivism
In her latest book Cristina Redondo provides an excellent defense of the position she qualifies as Internal Legal Positivism, according to which it is possible to formulate statements referring to the content of the law, conceived as a normative entity, that are purely descriptive and expressed from...
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| Vydáno v: | URI:https://journals.openedition.org/revus, |
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| Hlavní autor: | |
| Médium: | Article ou chapitre numérique |
| Jazyk: | Anglais |
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Revus
2022
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| On-line přístup: | Accès Université d'Orléans et IFPM Accès Université d'Orléans et IFPM |
| Shrnutí: | In her latest book Cristina Redondo provides an excellent defense of the position she qualifies as Internal Legal Positivism, according to which it is possible to formulate statements referring to the content of the law, conceived as a normative entity, that are purely descriptive and expressed from a point of view that does not presuppose their acceptance. In this paper I will restrict myself to three rather marginal observations, raising some doubts, first, about the strategy of contesting the so-called impossibility thesis; second, on a point related to the two senses of the distinction between the internal and external points of view that Redondo proposes to differentiate and, third, regarding a consequence that derives from it for the critical evaluation of interpretivist theories such as Ronald Dworkin’s. I then formulate some conclusions of that analysis. |
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