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Article
CRITIQUE OF THE JUSPOSITIVIST THEORY
SSRN Electronic Journal (2024)
  • James R. May, Washburn University School of Law
  • Marcelo Buzaglo Dantas
  • Orlando Luiz Zanon
Abstract
This article advocates for judges to deploy scientific approaches to law. “Legal positivism” (or, “juspositivist”) holds that law is a set of rules created by human beings advancing the rule of law. This contrasts with “natural law,” which holds that law is based on inherent moral principles such as human dignity. Based on an inductive study, Cartesian data processing and deductive logical analysis, the authors conclude that judges should explore descriptive and normative aspects and recent interdisciplinary discoveries in the fields of economics and psychology to construct a theoretical paradigm that is positivist while avoiding regressions to natural law to allow greater normative potential for the protection of fundamental rights.



Keywords
  • Natural Law,
  • Human Dignity,
  • Fundamental Rights
Disciplines
Publication Date
January, 2024
Citation Information
James R. May, Marcelo Buzaglo Dantas and Orlando Luiz Zanon. "CRITIQUE OF THE JUSPOSITIVIST THEORY" SSRN Electronic Journal (2024)
Available at: http://works.bepress.com/james_may/108/