PL EN


2008 | 91 | 5 | 363-375
Article title

CONTENT AND FORM IN ESTABLISHMENT OF THE POSITIVENESS OF LAW (Obsah a forma v urceni platnosti prava)

Authors
Title variants
Languages of publication
SK
Abstracts
EN
From viewpoint of legal positivism the limits of the positive law in the modern period have been determined on the basis of formal criteria that have been included by the legal science under the 'sources of law' and 'rule of recognition' concepts. From Radbruch formula the content and value elements penetrate into the definition of the positive law, the increase of which has hitherto culminated in the understanding of legal principles as the source of law and in the framework of the EU law. This development contributes to the uncertainty as regards the limits of positive law and to the decrease of transparency of its structure.
Contributors
  • Eduard Barany, Ustav statu a prava SAV, Klemensova 19, 813 64 Bratislava, Slovak Republic, http:www.pravnyobzor.sk
References
Document Type
Publication order reference
Identifiers
CEJSH db identifier
09SKAAAA059724
YADDA identifier
bwmeta1.element.1fb990f9-4b4c-3496-8d98-38a741dd90f3
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