Titlebook: Conceptual Jurisprudence; Methodological Issue Jorge Luis Fabra-Zamora,Gonzalo Villa Rosas Book 2021 Springer Nature Switzerland AG 2021 Th

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Masood Gheasi,Peter Nijkamp,Piet Rietvelde concept of popular sovereignty. This concept plays a role in many contexts ranging from political philosophy to constitutional law. However, it is not always clear what popular sovereignty means and how state power can be said to emanate from the people. This paper seeks to remedy this. In order t

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Salvatore Bimonte,Lionello F. Punzo To such attack, the positivist reaction has been that of articulating on the one side a stricter, exclusivist version of the separationist thesis, and on the other side that of conceding to the possibility, though not to the necessity, of some (thus contingent) connection between law and moral requ

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Siamak Seyfi,Adel Nikjoo,Masoud A. Samimilaw from morality compares favourably to non-positivist ones for it facilitates resistance against oppressive regimes. Since law is separable from morality, the argument goes, law loses part of its “aura of majesty” and thereby, the legality of a norm is not a conclusive reason for citizen obedience

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Sudipta Kiran Sarkar,Babu Georgele and the nature of their professional commitments are both a function of the concept of law we endorse, with special regard to what is called “positivist turn” in legal ethics. Positivist legal ethicists fashion their legal ethics account in a jurisprudence broadly influenced by H.L.A. Hart and Jo

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