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Philosophical analysis of the nature of law
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Mohammad Rezaei *    |
| Department of Law, Ardabil Branch, Islamic Azad University, Ardabil, Iran. |
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Abstract: (410 Views) |
Human behavior in society is controlled by various norms, including law. Therefore, trying to investigate the nature of law as one of the most important norms controlling human behavior is very important in philosophy of Law. This article was written with the aim of philosophical analysis of the nature of law from the point of view of the most important legal schools. The method of this research is descriptive-analytical and content analysis method was used in data analysis. The surveys indicated that different schools have different views on this issue. As one of the proponents of positivism, Austin believed that the essence of law is the command issued by the ruler, the violation of which entails punishment. Although Hart is a positivist, he starts the analysis of law by criticizing Austin's view and replaces the theory of law as a rule with Austin's view of law as a commandment. Legal realists, criticizing Hart's method in examining the law, believed that the law is what official judicial authorities apply in the process of examining legal cases. Before the judicial court reaches a legal verdict, it is not possible to talk about the law. The law is the result of what these people show in the legal decision-making process. Finally, Dworkin has tried to somehow reconcile the ideas before him with each other, and therefore in his analysis, he has tried to consider the law as a coherent whole, and for this reason, the title "Law as integrity" is attributed to him. Considering the nature of law as a combination of rules and principles in the form of legal system as a coherent set can be the most comprehensive philosophical analysis of the nature of law.
- Rezaei, M. (2024). Philosophical analysis of the nature of law, Journal of Legal Philosophy Studies, 1(1), 75-92. |
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| Keywords: Philosophy of law, Nature of law, Legal realism, Positivism, Integrity of law |
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Full-Text [PDF 705 kb]
(365 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2023/10/13 | Accepted: 2023/12/12 | Published: 2024/01/5
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