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

100%
Barany E.
Právny obzor. Teoretický časopis pre otázky štátu a práva (Juridical Review. Theoretical journal for the questions of state and law)
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2008
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vol. 91
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issue 5
363-375
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.
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