From legal absolutism to legal relativism Criticizing Bruno Oppetit's analysis of antinomic legal trends to the paradigm of legal modernity

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SHAHABI MEHDI

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Journal: PUBLIC LAW STUDIES QUARTERLY Year:2020 | Volume:49 | Issue:4 Page(s): 1108-1189

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Title

From legal absolutism to legal relativism Criticizing Bruno Oppetit's analysis of antinomic legal trends to the paradigm of legal modernity

Author(s)

SHAHABI MEHDI | Issue Writer Certificate

Keywords

Bruno OppetitQ1

Modern LawQ1

Legal AbsolutismQ1

Legal RelativismQ1

Abstract

The existence of antinomic currents within the paradigm of Modern Law, can lead to the crisis and passing that as well. Bruno Oppetit, considers the formation of European law, the elevation of the place of the custom being source, and the elevation of the role of the judges in the legal order, as influencing factors of the Legal Relativism. He believes that relativism or pluralism is at odds with Modern Law. However, the theoretical framework of the Modern Law of Oppetit is only the substantial legal positivism. In rejecting this theoretical framework and insisting on the fact that Modern Law must be explained, either in the context of metaphysical rationality or within the framework of spontaneous social rationality, this article aims to answer a this question: Are the factors set out by Bruno Oppetit is contradicted to Modern Law? Or have they come to the resurgence of this Law, after a period of dominance of legal positivism?

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APA: Copy

SHAHABI, MEHDI. (2020). From legal absolutism to legal relativism Criticizing Bruno Oppetit's analysis of antinomic legal trends to the paradigm of legal modernity. PUBLIC LAW STUDIES QUARTERLY, 49(4 ), 1108-1189. SID. https://sid.ir/paper/367096/en

Vancouver: Copy

SHAHABI MEHDI. From legal absolutism to legal relativism Criticizing Bruno Oppetit's analysis of antinomic legal trends to the paradigm of legal modernity. PUBLIC LAW STUDIES QUARTERLY[Internet]. 2020;49(4 ):1108-1189. Available from: https://sid.ir/paper/367096/en

IEEE: Copy

MEHDI SHAHABI, “From legal absolutism to legal relativism Criticizing Bruno Oppetit's analysis of antinomic legal trends to the paradigm of legal modernity,” PUBLIC LAW STUDIES QUARTERLY, vol. 49, no. 4 , pp. 1108–1189, 2020, [Online]. Available: https://sid.ir/paper/367096/en

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