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The relationship dynamics between legal positivism and the divisions of law, analyzed from a systemic perspective

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

Juridical Tribune (Tribuna Juridica), 2016, vol. 6, issue 2, 98-102

Abstract: This article is studying the dynamics of the relationship between legal positivism and the two divisions of law, respectively private law and public law. Legal positivism, envisions concepts of human intervention in the creation and application of the law, and so it finds application in both public law and private law. However, in private law, there are several principles which can be deduced from the doctrine of natural law, such as substitution, reversibility and others. To the contrary, in public law, legal positivism is all present, manifesting itself in all its branches. It is not, however, an exclusive presence, because there is a balance between natural law and legal positivism in each of the divisions of law. The two orientations of law, namely natural law and legal positivism coexist in each of the divisions and branches of the law, but with a different structure, dynamic or static, depending on specific branches of law. This paper presents in an analytical manner, the static and dynamic manifestations of legal positivism within the framework of the two divisions of law, namely private law and public law.

Keywords: legal positivism; public law; private law; general systems theory. (search for similar items in EconPapers)
JEL-codes: K10 K40 (search for similar items in EconPapers)
Date: 2016
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