PL EN


2016 | 15 | 2 | 143-158
Article title

Herbert L. A. Hart – pozytywizm umiarkowany

Content
Title variants
EN
Herbert L.A. Hart –between moderate positivism and normativism
Languages of publication
PL
Abstracts
EN
The article is concerned with the methodological stand represented by H.L.A. Hart, a moderate positivist scholar searching for the links between positivist and normativist approaches. He indicates that the focus on obligations/civic duties does not entail exclu- sion of extra-legal factors. An extreme example in this respect is Kelsen’s theory of the “basic norm” as well as Austin and Jellinek’s references to customs and the law of God. The article brings the basic premises behind Heart’s theory as well as those of Austin, Jellinek and Kelsen’s normativism in order to expose incongruities in the research of the latter. The concluding part of the article reveals how Heart’s theory of “moderate positiv- ism” emerged from his references to the methodological weaknesses of positivism and normativism.
Year
Volume
15
Issue
2
Pages
143-158
Physical description
Dates
published
2019-11-28
Contributors
References
Document Type
Publication order reference
Identifiers
YADDA identifier
bwmeta1.element.ojs-issn-1732-9132-year-2016-volume-15-issue-2-article-97
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