Naslov
About Non-Positivist Perspective on Legal Values in International Law

Autori
Krešić, Mario

Izvornik
Bratislava law review (2585-7088) 4 (2020), 2; 31-48

Vrsta, podvrsta i kategorija rada
Radovi u časopisima, članak, znanstveni

Ključne riječi
Theory of law, international law, legal values, peace, rule of law, constitution

Sažetak
The distinction between legal and non-legal values can be made from the aspect of legal system analysis. Since the content of the legal system depends on the identification of norms that establish such content, the problem of the identification is crucial for any kind of consideration of legal values. In discourse of international legal scholars, we can recognize attempts to identify values which are not dependent on the existing social practice. The purpose of this paper is to analyse such an approach to legal values as opposite to the positivistic account of the law and to analyse the main objection to this non-positivist perspective.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

Napomena
The paper was originally presented at "The XIVth
CEENJ Conference: Jurisprudence in Central and
Eastern Europe, Bratislava, 12-13 September 2019".
Papers presented at CEENJ conference have been
published in the collected volume as a separate
issue of Bratislava Law Review 4(2) 20020

POVEZANOST RADA