Full-text resources of CEJSH and other databases are now available in the new Library of Science.
Visit https://bibliotekanauki.pl
Visit https://bibliotekanauki.pl
Title variants
Positivist Myths of Legal Method
Languages of publication
Abstracts
The paper aims at identifying several methodological myths embraced by legal positivism. The first such myth is the claim that legal cognition has a logical structure; the second is the myth of the formal-dogmatic method; the third is that of Kelsen’s normative method; and the fourth and final is the myth of legal analysis, or the faith in the fruitfulness of linguistic analysis. All these myths can – and should – be ‘deconstructed’ by observing that legal positivism offers no coherent epistemology, but rather a number of common sense directives; that the strength of the argument supporting the myths is minimal; that the methods of positivism are ineffective in legal practice; and that there exists an alternative to the positivist methodology – a conception of legal method based on epistemological pluralism and relativism.
Keywords
Journal
Year
Issue
Pages
7-14
Physical description
Contributors
author
- Katedra Filozofii Prawa i Etyki Prawniczej UJ
References
Document Type
Publication order reference
Identifiers
YADDA identifier
bwmeta1.element.desklight-b74deec5-ca86-4c58-8916-0144f74ae461
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.