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In this paper the author questions the role of Eugen Ehrlich's sociological jurisprudence for contemporary debates regarding the sources of binding rules that have their (ontological) foundation in societal practices, but whose validity cannot be extracted from these practices. The question on...
Persistent link: https://www.econbiz.de/10014156055
This article explains the philosophical sources of contemporary Russian conservative philosophy, which is blended with exceptionalism, the Westphalian conception of sovereignty, the negation of the universality of human rights, and which is based on the positivist precepts of the prevailing...
Persistent link: https://www.econbiz.de/10014136747
The subject-matter of this article is the “systemacity of law” concept and its methodological feedback. Continuing a series of articles on this subject, the author focuses on the internal rationality of claims about systemic character of law. This rationality is embedded in the legal...
Persistent link: https://www.econbiz.de/10014138205
This paper considers the relevance of the legal conceptions put forward by Eugen Ehrlich and Hans Kelsen to the contemporary debate on human rights and their limits. It is asserted that the conceptions of Ehrlich and Kelsen adopt a multifaceted approach to the law and, at the same time, a...
Persistent link: https://www.econbiz.de/10013001128
The subject matter of this article is the terminology which is used in contemporary law and sociological jurisprudence to denote changes in legal regulation. Among the most fashionable terms are those of globalization and pluralism. In the author's opinion, these two terms indicate diverse...
Persistent link: https://www.econbiz.de/10013087557