scholarly journals The Distinction Between Law qnd Morality in Legal Positivism: Socio-Philosophical Dimension

2021 ◽  
Vol 16 (5) ◽  
pp. 59-68
Author(s):  
Smirnova Olga V. ◽  
◽  
Kononov Alexey A. ◽  
Keyword(s):  
Research Methodology ◽  
Historical Perspective ◽  
Legal Positivism ◽  
Demarcation Line ◽  
Moral Regulation ◽  
Law And Morality ◽  
Foreign Science ◽  
Historical Methods ◽  
The Relationship ◽  
Positivist Approach

The article deals with the main conceptions of the relationship between law and morality in legal positivism. The research relevance is caused by legal positivism which is influential and dynamically developing in both domestic and foreign science. The purpose of the study is to consider the features that describe the positivist approach to the differentiation between legal and moral regulation in the context of the dialectical interaction of individual and social principles in society. It presupposes the establishment of both general and special in legal positivism’s views regarding the interaction of these social regulators. Special attention is paid to the consideration of not only positive aspects of the proposed concepts but also the difficulty that arise within legal positivism. The research methodology is based on the dialectical method, the method of analysis, comparative and historical methods. These methods allow us to analyze in a historical perspective the development of views on the relationship between law and morality in legal positivism, to analyze specific features in the visions of the most influential philosophers of this doctrine, to identify common ideas that unite the philosophers considered. As a result of the conducted research, it is argued that legal positivism is characterized by the correlation of law and morality as sovereign socio-normative systems that closely interact in the structure of society, but do not have the necessary connection that mutually determines their content. The sovereign nature of legal and moral regulation implies the search for models of their interaction. It is important to determine the demarcation line of the spheres and limits of each social regulator. As a result, it is concluded that there are three possible models of this interaction, and the consequences of their implementation in society. In particular, it is determined that law and morality within the structure of society can be either indifferent to each other or have identical content realized through both regulation forms or be in relation to a contradiction adducing to a social conflict.

scholarly journals Jusnaturalism and legal positivism in contemporary American jurisprudence

2013 ◽  
pp. 497-507
Author(s):  
Sanja Djurdjic
Keyword(s):  
19Th Century ◽  
Legal Positivism ◽  
Philosophical Tradition ◽  
Law And Morality ◽  
The Relationship ◽  
Further Development

In contemporary American jurisprudence, there are many different legal-theoretical courses, orientations and legal schools. In this work, the author tries to analyze jusnaturalism and legal positivism. The reason for commitment for these two legal theories the author finds in the fact that they are actually modern forms of theories with a rich philosophical tradition. The paper argues that the jusnaturalism is the oldest philosophical tradition. Legal positivism was developed in opposition to jusnaturalism in the mid-19th century. The author points out that contemporary American jurisprudence marks the conflict between jusnaturalism and legal positivism. The main reason for their disagreement is the question of the relationship between law and morality. The paper analyzes the differences between the modern version of legal positivism and jusnaturalism and their classical theories. It is noticeable that the modern versions are purified and softened versions of the classic theories. The author concludes that a kind of mitigation of positivist-jusnaturalism dispute has already begun. Finally, the author allows that in the further development of contemporary American jurisprudence a significant convergence of legal positivism and jusnaturalism can reasonably be expected.

scholarly journals El problema de la relación entre derecho y moral

2021 ◽  
pp. 65-80
Author(s):  
José Luis López Fuentes
Keyword(s):  
Natural Law ◽  
Legal Theory ◽  
Legal Positivism ◽  
Ronald Dworkin ◽  
Law And Morality ◽  
The Relationship

RESUMEN: En el presente trabajo, con base en las teorías iusnaturalistas y del positivismo jurídico, se busca ofrecer un breve acercamiento al desarrollo que han tenido a través del tiempo las tesis más importantes en torno al problema de la relación entre derecho y moral, hasta llegar a lo que actualmente es denominado antipositivismo jurídico, pues el objetivo de este documento es presentar un análisis y exposición de las aportaciones de esta corriente de pensamiento a la teoría jurídica contemporánea, para lo cual, se analizan las propuestas de Ronald Dworkin y Robert Alexy, en especial de la tesis de los principios, y su relevancia en la interpretación y aplicación de la ley.ABSTRACT: In this work, based on natural law theories and legal positivism, I seek to offer a brief approach  to the development that the most important theses have had throughout time regarding the problem of the relationship between law and morality, arriving at what we now call legal anti-positivism, the objective of this document is to present an analysis and exposition of the contributions of this current of thought to contemporary legal theory, for which the proposals of Ronald Dworkin and Robert Alexy are analyzed, specially the thesis of the principles, and its relevance in the interpretation and application of the law.Keywords: Natural law theories, legal positivism, legal antipositivism, moral, thesis of principles.

scholarly journals In search of moral foundations of law: debate on nature of inclusive legal positivism

2021 ◽  
Vol 6 (4) ◽  
pp. 119-123
Author(s):  
A. B. Didikin ◽  
Keyword(s):  
Legal System ◽  
Legal Theory ◽  
Applied Ethics ◽  
Legal Positivism ◽  
Moral Foundations ◽  
Judicial Practice ◽  
Theoretical Approaches ◽  
Law And Morality ◽  
Necessary And Sufficient ◽  
The Relationship

The paper is devoted to the analysis of the arguments of foreign jurists about the nature and advantages of inclusive legal positivism as a legal theory that justifies the existence of moral foundations of the legal system. Examples from judicial practice are considered, as well as key theoretical approaches that reveal the necessary and sufficient features of inclusive legal positivism, as well as its subject specifics and basic provisions on the relationship between law and morality. The paper is prepared within the framework of the HSE research project «Applied Ethics».

Contemplating Framing: Unpacking the Possibilities of Printmaking in Narrative Inquiry

2021 ◽  
pp. 194084472199108
Author(s):  
Michelle Lavoie ◽  
Vera Caine
Keyword(s):  
Qualitative Research ◽  
Young Adults ◽  
Narrative Inquiry ◽  
School Children ◽  
Research Methodology ◽  
Visual Narrative ◽  
Refugee Families ◽  
Art Form ◽  
Qualitative Research Methodology ◽  
The Relationship

In this paper, we explore, name, and unpack the possibilities that printmaking, as an art form, holds in visual narrative inquiry. We also explore the relationship between visual narrative inquiry and narrative inquiry, a relational qualitative research methodology that attends to experiences. Drawing on two different ongoing narrative inquiry studies, where we engage with either trans young adults or refugee families from Syria with pre-school children, we explore how printmaking practices facilitate processes of inquiry. The etymology of the word “frame” helps us understand framing as a process that is future oriented and reflects a sense of doing, making, or preforming. In this way, framing allows us to see otherwise, to respond to and with participants, and to engage with experiences in ways that open new possibilities of inquiry.

Interpretivism in Jurisprudence: What Difference Does the Philosophy of History Make to the Philosophy of Law?

2007 ◽  
Vol 1 (3) ◽  
pp. 365-393
Author(s):  
Naomi Choi
Keyword(s):  
Philosophy Of History ◽  
Legal Positivism ◽  
Legal Authority ◽  
Philosophy Of Law ◽  
Historical Interpretation ◽  
Interpretive Theory ◽  
Legal Positivist ◽  
Points Of View ◽  
Theory Of Law ◽  
Positivist Approach

AbstractTo answer the question of what difference the philosophy of history makes to the philosophy of law this paper begins by calling attention to the way that Ronald Dworkin's interpretive theory of law is supposed to upend legal positivism. My analysis shows how divergent theories about what law and the basis of legal authority is are supported by divergent points of view about what concepts are, how they operate within social practices, and how we might best give account of such meanings. Such issues are widely debated in the philosophy of history but are often overlooked in jurisprudential circles. When the legal positivist approach to meanings is contrasted with Dworkin's interpretivism it is clear that what is needed is an alternative to both, in the form of what we might call "historical meanings" and "historical interpretation". While Dworkin's interpretivism gets it right that legal positivism is an inadequate philosophy of law to the extent that it is committed to a "criterial semantics" view of concepts, this paper argues that post-positivism in the philosophy of law need not entail a normative jurisprudence, as Dworkin would have it.

Language contact and multilingualism in Iran

2018 ◽  
Author(s):  
Shahrzad Mahootian
Keyword(s):  
Language Contact ◽  
Historical Perspective ◽  
Language Maintenance ◽  
Language And Identity ◽  
General Description ◽  
The Status ◽  
Bilingual Communities ◽  
The Relationship

Throughout its history, Iran has been a richly multilingual nation, with documented evidence reaching back nearly three millennia. Today, estimates of the number of languages spoken in modern Iran vary, with numbers ranging from fifty-four to seventy-six living languages. This chapter presents a general description of societal bilingualism, how bilingual communities come about, the relationship between language and identity in multilingual contexts, and how best to describe the kind(s) of bilingualism found in Iran, including the use of English. The chapter then turns to bilingualism in Iran from a historical perspective, with the goal of understanding why there are so many languages in present-day Iran. Finally, it addresses the status of English in pre- and post-revolutionary Iran and issues of language maintenance.

scholarly journals The birth of minority legislation in the newly independent Finland and Estonia (1918–1920): a comparative analysis

2021 ◽  
Vol 13 (2) ◽  
pp. 61-84
Author(s):  
Kari Alenius
Keyword(s):  
Comparative Analysis ◽  
Political Parties ◽  
Interest Groups ◽  
Ethnic Minorities ◽  
Social Order ◽  
Historical Perspective ◽  
Cultural Rights ◽  
The Third ◽  
International Trends ◽  
The Relationship

This article analyzes how ethnic minorities were taken into account in the Finnish and Estonian constitutions, and why account was taken precisely in a certain way. At the same time, it approaches what kinds of views were presented by different political parties and interest groups, what kind of debate was being held in Parliament and how the matter was dealt with in the leading media. The outcome of the process in both countries was that exceptionally broad linguistic and cultural rights were given to minorities if the situation was compared with the rest of Europe. There were several factors behind the process. One factor was the relationship between ethnic groups in Finland and Estonia in the historical perspective. Another factor was each country's internal debate on what kind of social order in general was to be built. The third factor was how the politics in Finland and Estonia was influenced by international trends and theories about how ethnic minorities should have been treated.

scholarly journals El radioteatro en España: marco de referencia para una aproximación diacrónica

2019 ◽  
Vol 9 (2) ◽  
pp. 13-34
Author(s):  
María Julia González-Conde ◽  
◽  
Miguel Ángel Ortiz-Sobrino ◽  
Hugo Prieto-González ◽  
◽  
...  
Keyword(s):  
Social Context ◽  
Retrospective Analysis ◽  
Research Methodology ◽  
Soap Opera ◽  
Final Conclusion ◽  
Radio Drama ◽  
Radio History ◽  
Informative Content ◽  
The Relationship ◽  
Public Demand

The main objective of this article is to give a contextualization of radio drama in Spain, over a period of three decades in the last century, between the 1940s and the 1970s. Through retrospective analysis on its history some of the keys related to narrative and drama genres implementation are assessed. The research methodology used can be classified as theoretical-conceptual, since it has been based on the search, compilation and analysis of documentation that have allowed radio theater to be contextualized in those three decades. As a result of the research, the relationship between radio plays and social context is revealed and the contributions of the main Spanish authors and directors of radio drama in those decades are referenced. The final conclusion points to the fact that radio drama throughout radio history has been appearing and disappearing conditioned by programmers and public demand. Despite this, even by the end of the seventies, when radio programmers stood up for informative content, some radio dramatic serials would continue in the radio programming: La Saga de los Porretas (Cadena SER) or Sobrenatural and Historias (RNE). Keywords: Radio; Radio Drama; Radio Serials; Radio Soap Opera; Radio Fiction.

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