COMMON ISSUES OF NATIONAL AND ANGLO-AMERICAN (ANALYTICAL) LEGAL POSITIVISM

• Published in: Правовое государство: теория и практика Vol. 20; no. 3(77); pp. 6 - 14
• Main Author: GORBUNOV Maxim Dmitrievich
• Format: Journal Article
• Language: English
• Published: Bashkir State University 01-09-2024
• Subjects: analytical jurisprudence; axiology of law; dogma of law; legal positivism; legal practice; legal understanding; normative regulation; russian legal science
• ISSN: 2500-0217
• DOI: 10.33184/pravgos-2024.3.1

The article examines the issue of finding the basis for common ground and scientific dialogue between national legal positivism and analytical positivism represented in common law countries. It is stated that despite significant methodological differences and a relatively independent history of formation, these paradigms have much in common: the problem of normativity of law, judicial discretion and legal axiology. This connection on these issues is confirmed, first of all, by modern theories and general trends in the development of national doctrine to expand the methodological basis for improving the ideas about the positive connections that underlie the legal system. Purpose: in the context of objective differences between national and Anglo-American (analytical) legal positivism, to show their similarities in the issues being studied and key theses. Methods: general scientific (dialectical and historical methods, general logical techniques, systematic and comparative methods), special legal (comparative legal analysis and legal hermeneutics). Results: the study allows to determine not only the specifics of analytical legal positivism in comparison with national positivist dogma, but also to identify points of convergence of the mentioned doctrines.