CRITICAL ANALYTICAL ANALYSIS OF THEORETICAL FOUNDATIONS OF LEGAL POSITIVISM AND ITS EFFECTS ON LEGAL JUSTICE

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JAVID MOHAMMAD JAVAD; khosravi Mohammad Mahdi

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Journal: PUBLIC LAW STUDIES QUARTERLY Year:2019 | Volume:49 | Issue:3 Page(s): 735-755

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Title

CRITICAL ANALYTICAL ANALYSIS OF THEORETICAL FOUNDATIONS OF LEGAL POSITIVISM AND ITS EFFECTS ON LEGAL JUSTICE

Author(s)

JAVID MOHAMMAD JAVAD | khosravi Mohammad Mahdi | Issue Writer Certificate

Keywords

DESCRIPTIVISMQ1

ADVOCACYQ1

RIGHTQ1

ASSIGNMENTQ2

LINGUISTIC ANALYSISQ2

JUSTICEQ1

GOVERNANCEQ1

OUGHTQ1

ISQ1

Abstract

Applying formal and material objectivy, derived from philosophical foundations of positivISm, on human law, which are framed based on authenticity of feeling and the possibility of experimental observation on the one hand and on the differentiating the realms of objective truths and negating the possibility of rational knowledge of legISlation and practical wISdom on the other hand, has formed the frame of RIGHTs and duties released from all kinds of ideological value constraints and commitment to the closed circle of mankind's will and commands without being able to move out to its own supernatural. Preventing the inconsIStency between the two abovementioned ISsues will reduce positivISm, as a formalISt theory based on the conventional-lingual analysIS method, to a Kelsen-Hume(ic) expression and therefore it has consequently encountered to relativISm and inaccuracy. Accordingly, the concept of JUSTICE in public law has been conceptually transformed to the characterIStics of having no criteria, personalization and being separated from the positive law. Nevertheless, the exISting fallacies through ordering the introduction and uncommittable results has caused failure of the mentioned school through law and legal JUSTICE.

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APA: Copy

JAVID, MOHAMMAD JAVAD, & khosravi, Mohammad Mahdi. (2019). CRITICAL ANALYTICAL ANALYSIS OF THEORETICAL FOUNDATIONS OF LEGAL POSITIVISM AND ITS EFFECTS ON LEGAL JUSTICE. PUBLIC LAW STUDIES QUARTERLY, 49(3 ), 735-755. SID. https://sid.ir/paper/251194/en

Vancouver: Copy

JAVID MOHAMMAD JAVAD, khosravi Mohammad Mahdi. CRITICAL ANALYTICAL ANALYSIS OF THEORETICAL FOUNDATIONS OF LEGAL POSITIVISM AND ITS EFFECTS ON LEGAL JUSTICE. PUBLIC LAW STUDIES QUARTERLY[Internet]. 2019;49(3 ):735-755. Available from: https://sid.ir/paper/251194/en

IEEE: Copy

MOHAMMAD JAVAD JAVID, and Mohammad Mahdi khosravi, “CRITICAL ANALYTICAL ANALYSIS OF THEORETICAL FOUNDATIONS OF LEGAL POSITIVISM AND ITS EFFECTS ON LEGAL JUSTICE,” PUBLIC LAW STUDIES QUARTERLY, vol. 49, no. 3 , pp. 735–755, 2019, [Online]. Available: https://sid.ir/paper/251194/en

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