*** Welcome to piglix ***

Legal Positivism (book)


Legal Positivism (Il Positivismo Giuridico) is a book by the Italian jurist Norberto Bobbio about one of the ontological elements of foundations of law — the jusphilosophical school called juspositivism or legal positivism.

Seen by scholars as an important work in understanding of a conceptual constructivist approach of the scientific way of thinking law in the new era of the jurisprudence of values, Bobbio's book faces this challenge in eleven chapters.

Introduction: natural law and positive law in thinking along the history

Introduction: the main points of the juspositivism doctrine

"The legal positivism considers only what is put by the State. Its basic thesis is that the law is product of human action and desire and no more of the divine natural or rational as affirmed formerly by the jusnaturalism. Various authors also defend that there isn't necessarily a relation between law, moral and justice, because notions of justice and moral are time and space dependent and without political power to support them and impose them against who creates the juridical norms"

"Legal Positivism of Norberto Bobbio, shows us the final and most advanced reading of the legal positivism

"Bobbio, about the first jusphilosophers of legal positivism, rhapsodizing a metaphor attributed to Newton, described himself as a dwarf on the shoulder of a giant, in the sense that 'If we are on the shoulder of a giant, we can see more than even the giants themselves, but if there weren't the giants, we couldn't achieve that height'".


...
Wikipedia

...