The role of law as an instrument of communication within legal positivism

Claudiu Ramon D. Butculescu ()
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Claudiu Ramon D. Butculescu: Spiru Haret University, Bucharest, „Acad. Andrei Radulescu” Legal Research Institute, Romanian Academy

Juridical Tribune - Review of Comparative and International Law, 2015, vol. 5, issue 2, 132-137

Abstract: This article tackles some aspects concerning the role of law as an instrument of communication from the perspective of legal positivism. The paper presents considerations regarding law communication in relation to legal positivism and scientific positivism. At the same time, the article examines the correlations between the legal communication models and the various inclinations developed under legal positivism. Both within legal positivism and the scientific positivism, the role of law as a communication tool is essential. The concept of legal communication should be considered as the idea of understanding the legal norm by the recipients of law, namely by persons and also acceptance of these rules in order to respect them. Also, clarity and transparency in law communication are very important elements that contribute to the way in which legal standards are received. The analysis of legal communication from the perspective of legal positivism presents a special scientific interest, given the very essence of positivism, namely that the laws are commands of the human being. Thus, it is important to analyze communication patterns that can be applied in the positivist orientation to consistently appreciate the ways in which legal communication can be improved.

Keywords: legal positivism; scientific positivism; communication patterns; legal communication (search for similar items in EconPapers)
JEL-codes: K10 K30 (search for similar items in EconPapers)
Date: 2015
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Persistent link: https://EconPapers.repec.org/RePEc:asr:journl:v:5:y:2015:i:2:p:132-137

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