Abstract
In the twilight of the theory or science of legal positivism, as a
theory of positive law, represented by the increasing ascendancy of
the post-positivist problematic, the chapter concentrates upon the possibility
for a critical reflection which is neither the mere reassertion of legal
positivism nor the direct engagement with the post-positivist
problematic.In place of these forms of critical reflection, an alternative is elaborated which involves an initially indirect response, through a reconsideration of the potentially renewed pertinence of the phenomenological philosophy of Jan Patočka.
theory of positive law, represented by the increasing ascendancy of
the post-positivist problematic, the chapter concentrates upon the possibility
for a critical reflection which is neither the mere reassertion of legal
positivism nor the direct engagement with the post-positivist
problematic.In place of these forms of critical reflection, an alternative is elaborated which involves an initially indirect response, through a reconsideration of the potentially renewed pertinence of the phenomenological philosophy of Jan Patočka.
Original language | English |
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Title of host publication | Πολιτεία Liber amicorum Agostino Carrino |
Editors | Carmine De Angelis, Antonino Scalone |
Place of Publication | Sesto San Giovanni |
Publisher | Mimesis Edizioni |
Pages | 397-409 |
Number of pages | 12 |
ISBN (Print) | 9788857571331 |
Publication status | Published - 12 Nov 2020 |
Keywords
- Law