Anglo-American legal positivism: Stages of formation and development
Anglo-American legal positivism is an influential trend in modern legal thought. Understanding this framework is crucial not only for addressing gaps in scientific knowledge within political and legal doctrines but also for applying relevant developments to domestic legal science. This understanding...
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| Format: | Article |
| Language: | English |
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Peoples’ Friendship University of Russia (RUDN University)
2025-03-01
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| Series: | RUDN Journal of Law |
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| Online Access: | https://journals.rudn.ru/law/article/viewFile/43583/24610 |
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| author | Maxim D. Gorbunov |
| author_facet | Maxim D. Gorbunov |
| author_sort | Maxim D. Gorbunov |
| collection | DOAJ |
| description | Anglo-American legal positivism is an influential trend in modern legal thought. Understanding this framework is crucial not only for addressing gaps in scientific knowledge within political and legal doctrines but also for applying relevant developments to domestic legal science. This understanding is particularly valuable because it relates to the dominant doctrine of legal positivism in contemporary Russia while also being rooted in an alternative legal paradigm. The purpose of the article is to examine the formation and development of Anglo-American legal positivism as a key area of legal understanding in the world legal scholarship. The author highlights the characteristics of Anglo-American positivism, its main developmental stages, and the ideas of its leading representatives. Methodologically, this study employs a combination of philosophical, general, and special scientific methods, including dialectical and historical approaches, general logical techniques, and comparative analysis. Specific methods of analytical philosophy are also used, including methods of contextual and conceptual analysis. The study concludes that Anglo-American legal positivism has evolved through three stages: the classical stage associated with command theory; the neopositivist stage, where new analytical and philosophical approaches emerged; and the modern stage, characterized by debates between "inclusive" and "exclusive" positivism. |
| format | Article |
| id | doaj-art-aa05d5ada3c24f9a910db006d5a75de9 |
| institution | OA Journals |
| issn | 2313-2337 2408-9001 |
| language | English |
| publishDate | 2025-03-01 |
| publisher | Peoples’ Friendship University of Russia (RUDN University) |
| record_format | Article |
| series | RUDN Journal of Law |
| spelling | doaj-art-aa05d5ada3c24f9a910db006d5a75de92025-08-20T01:55:57ZengPeoples’ Friendship University of Russia (RUDN University)RUDN Journal of Law2313-23372408-90012025-03-01291213710.22363/2313-2337-2025-29-1-21-3721264Anglo-American legal positivism: Stages of formation and developmentMaxim D. Gorbunov0https://orcid.org/0000-0001-5266-8852Lobachevsky State UniversityAnglo-American legal positivism is an influential trend in modern legal thought. Understanding this framework is crucial not only for addressing gaps in scientific knowledge within political and legal doctrines but also for applying relevant developments to domestic legal science. This understanding is particularly valuable because it relates to the dominant doctrine of legal positivism in contemporary Russia while also being rooted in an alternative legal paradigm. The purpose of the article is to examine the formation and development of Anglo-American legal positivism as a key area of legal understanding in the world legal scholarship. The author highlights the characteristics of Anglo-American positivism, its main developmental stages, and the ideas of its leading representatives. Methodologically, this study employs a combination of philosophical, general, and special scientific methods, including dialectical and historical approaches, general logical techniques, and comparative analysis. Specific methods of analytical philosophy are also used, including methods of contextual and conceptual analysis. The study concludes that Anglo-American legal positivism has evolved through three stages: the classical stage associated with command theory; the neopositivist stage, where new analytical and philosophical approaches emerged; and the modern stage, characterized by debates between "inclusive" and "exclusive" positivism.https://journals.rudn.ru/law/article/viewFile/43583/24610legal positivismlegal understandingphilosophy of lawanalytical jurisprudencemethodology of lawlegal systemnormative regulationlegal normssocietyauthority |
| spellingShingle | Maxim D. Gorbunov Anglo-American legal positivism: Stages of formation and development RUDN Journal of Law legal positivism legal understanding philosophy of law analytical jurisprudence methodology of law legal system normative regulation legal norms society authority |
| title | Anglo-American legal positivism: Stages of formation and development |
| title_full | Anglo-American legal positivism: Stages of formation and development |
| title_fullStr | Anglo-American legal positivism: Stages of formation and development |
| title_full_unstemmed | Anglo-American legal positivism: Stages of formation and development |
| title_short | Anglo-American legal positivism: Stages of formation and development |
| title_sort | anglo american legal positivism stages of formation and development |
| topic | legal positivism legal understanding philosophy of law analytical jurisprudence methodology of law legal system normative regulation legal norms society authority |
| url | https://journals.rudn.ru/law/article/viewFile/43583/24610 |
| work_keys_str_mv | AT maximdgorbunov angloamericanlegalpositivismstagesofformationanddevelopment |