Мое видение рациональности права
In this article Professor Bulygin analyzes rationality of law in the light of legal positivism
In this book are collected the principal works of the Argentinian legal philosophers Carlos Alchourron and Eugenio Bulygin on the legal philosophy, logic of norms, and on the theoretical problems of the normative analysis of law
This paper characterizes importance and the principal possibilities of application of the theory of normative systems to the problems of legal theory and of logic of norms.
Proceedings of Philisophy of Law International Symposium "Rationality in Law" (Buenos Aires, 5-7 May, 2014)
This work is classical for the history of legal science in the XX century. In this work Hans Kelsen formulates the basic principles of his normative theory of law. This volume serves as a foundation of the critical program of the Kelsenian legal theory which sought to reveal ideological dogmas and presuppositions which often are taken by lawyers for granted. The ultimate goal of this program was to avert legal science from investigation into the factual dimensions of law. Kelsen was confident that different methodological approaches inevitably lead to construction of different objects of scientific analysis. That is why law as a subject-matter for legal analysis differentiates itself from law as a subject-matter of sociological or psychological analysis. At the same time Kelsen did not intend to contest possibility of analysis of the factual dimension of law or to claim such analysis as unscientific. His point was to construct a special applied science of law which would examine law from the perspective of special legal methodology. This methodology resides in a particular linkage between facts and norms. This linkage or imputation is to be found and examined by legal science. This methodological step could afford delimitation between law and morality. Kelsen tried to describe the authentic normative structure of law through this special mechanism of imputation which made law self-referential.
This book of conference papers includes presentations and articles of Russian scholars, who took part in the 1998 conference in the lae faculty of Mari State Univeristy. The leading scholars discussed problems of theory and philosophy of law and teaching programs on theory of state and law discipline in Russian law schools.
This article gives an account of the international symposium «Norms and Normative Systems in Philosophy, Law, and Informatics — 2011», the authors describe the most important aspects of the symposium and summarize the key points of the main presentations made at the symposium.
The article represents the retrospective view of J. Bentam’sideason the state, law, moral and their historical dependence. The assumption is made on the relevance of the thinker’s ideas to modernize the political and legal life in Russia including those on legal laws.
This paper aims to analyse the philosophical premises on which the idea of unity of law (identity of legal system) is based. In the history of legal philosophy this idea found its main arguments in the presumption of totality of legal regulation. Such totality translated the philosophical tenets of holism according to which law is not limited to the positive-law rules and institutes. To substantiate the idea of systemacity of law, one can turn to the modern debates about logic of social cohesion and construct a legal system identity as a purely intellectual hypothesis necessary for thinking about law. This integrity can be described as a unity of discourse, or as a unity of societal practices. This reconstruction of integrity of law can be extended by appealing to the basic ideas of normative philosophy of law (from Hart and Kelsen to Raz and Dworkin) and is reconcilable with the conception of normative systems of Bulygin–Alchourron.