S. S. ALEKSEYEV’S LEGAL CONCEPTION IN THE CONTEXT OF WESTERN LEGAL POSITIVISM OF THE SECOND HALF OF THE XX – EARLY XXI CENTURY: SYSTEMATICITY OF LAW, LEGAL NORM AND LAW-ENFORCEMENT IN SITUATIONS OF INDETERMINACY

Authors

Keywords:

Alekseev Sergey Sergeevich, legal positivism, systematicity of law, legal norm, law-enforcement, legal gap, legal conflict

Abstract

The article discusses the classical views of the outstanding Russian jurist Sergey Sergeyevich Alekseyev in the context of the basic examples of foreign legal positivism of the second half of the XX century and further (H. Kelsen, H. Hart, J. Raz, C. Alchourron, E. Bulygin, etc.). The subject-matter of the analysis, in addition to the characteristics of positivistic theory, are the issues of understanding and constructing legal norms as elements of legal system, as well as issues of their application in situations of legal gaps and conflicts.

Author Biography

  • Sergey N. Kasatkin, Samara State University of Economics

    Candidate of Juridical Sciences, Associate Professor, Leading Researcher at the Laboratory of Argumentative Social Policy, Associate Professor of the Department of Theory of Law and Public Law Disciplines at Samara State University of Economics

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Published

2024-12-10

Issue

Vol. 7 No. 3 (2024): Special issue "S. S. Alekseev's ideas in legal science and practice of the XXI century (theory of legal regulation in modern contexts)"

Section

Aricles

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Copyright (c) 2024 EUROPEAN AND ASIAN LAW REVIEW

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How to Cite

S. S. ALEKSEYEV’S LEGAL CONCEPTION IN THE CONTEXT OF WESTERN LEGAL POSITIVISM OF THE SECOND HALF OF THE XX – EARLY XXI CENTURY: SYSTEMATICITY OF LAW, LEGAL NORM AND LAW-ENFORCEMENT IN SITUATIONS OF INDETERMINACY. (2024). EUROPEAN AND ASIAN LAW REVIEW, 7(3), 48-58. https://ealawreview.3nv.ru/index.php/ea/article/view/167