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Natural law

London,: Hutchinson University Library (1970)

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  1. Law and Morality: A Critical Relation.Luc J. Wintgens - 1991 - Ratio Juris 4 (2):177-201.
    .The article deals with the difference between some forms of legal positivism. It is argued that, even in continental legal systems which are typically “rule bound,” there is some space left for principles in the legal system. The author tries to explain how this space can be filled and what methods should be used by a judge to do so.
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  • Legal Positivism, Law's Normativity, and the Normative Force of Legal Justification.Torben Spaak - 2003 - Ratio Juris 16 (4):469-485.
    In this article, I distinguish between a moral and a strictly legal conception of legal normativity, and argue that legal positivists can account for law's normativity in the strictly legal but not in the moral sense, while pointing out that normativity in the former sense is of little interest, at least to lawyers. I add, however, that while the moral conception of law's normativity is to be preferred to the strictly legal conception from the rather narrow viewpoint of the study (...)
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