In this course we will consider legal positivism in a historical perspective from Th. Hobbes to H. Kelsen. Legal positivism dominates legal thought and it is sometimes taken for granted in college. However, Western Legal Systems and legal thought have radically changed since 1945 and legal positivism has shown to be unable of a proper description of law. The simultaneous process of constitutionalization and globalization is taken into account, as well as argumentation and Inclusive Legal Positivism as a way to overcome legal positivism.
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