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Действительность права в современном теоретическом дискурсе
Validity of Law in Modern Theoretical Discourse
[journal article]
Abstract The article examines the important, but insufficiently deeply and detailed category of “validity of law” in the legal
literature. The author gives a detailed overview of interpretations of this category in the works of foreign philosophers
of law (R. Alexie, R. Kauffmann etc.). As a result of th... view more
The article examines the important, but insufficiently deeply and detailed category of “validity of law” in the legal
literature. The author gives a detailed overview of interpretations of this category in the works of foreign philosophers
of law (R. Alexie, R. Kauffmann etc.). As a result of the analysis, the author concludes that a combination of positivist
and jusnaturalist approaches that complement each other is necessary to adequately understand the validity of the
law. This provides an opportunity to build an integrative theory based on an understanding of the validity of law as an
order uniting the natural and will-established beginnings.... view less
Keywords
legal theory; philosophy of law; human rights
Classification
Law
Free Keywords
validity of law; positivism; jusnaturaism; law; judgment; integrative theory of law
Document language
Russian
Publication Year
2019
Page/Pages
p. 20-26
Journal
Theoretical and Applied Law (2019) 2
ISSN
3034-2813
Status
Published Version; reviewed