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Pregledni rad

https://doi.org/10.3935/zpfz.69.56.05

The Concept of Justiciability and Kantorowicz’s Approach to the Determination of the Content of Law

Mario Krešić orcid id orcid.org/0000-0002-1461-7680 ; Pravni fakultet Sveučilišta u Zagrebu, Zagreb, Hrvatska


Puni tekst: hrvatski pdf 330 Kb

str. 715-742

preuzimanja: 509

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Sažetak

Kantorowicz’s concept of justiciability in his definition of law reveals a characteristic approach to the determination of the content of law. This approach can be understood as a critique of 19th century positivism as well as an approach belonging to the theories critically related to the theory of legal positivism of the 20th century. In this article, we will analyse the concept of justiciability, connect it with his broader understanding of the content of law, and explain how a distinction can be made between Kantorowicz’s theory and both types of positivistic theories on the basis of this concept. Differences in relation to post-war positivism will be demonstrated through a comparison of Kantorowicz’s theory with the theories of H.L.A. Hart and Ronald Dworkin.

Ključne riječi

Kantorowicz; formalism; justiciability; sources of law; positivism

Hrčak ID:

233802

URI

https://hrcak.srce.hr/233802

Datum izdavanja:

31.1.2020.

Podaci na drugim jezicima: hrvatski

Posjeta: 1.301 *