LAW AS A NORMATIVE SYSTEM: EUGENIO BULYGIN’S «HUMANISTIC» POSITIVISM

Toward the Humanistic Study of Law

Between Natural Law and Legal Positivism: Plato's Minos and the Nature of Law

Custom, Normative Practice, and the Law

Legally binding custom is conventionally analyzed in terms of two independent elements: regularities of behavior (usus) and convictions of actors engaging in the behavior that it is legally required (opinio juris). This additive conception of custom is deeply flawed. This Essay argues that we must abandon the additive conception and replace it with an account of custom that understands legally ...

A Normative Theory of Humanistic Knowledge FRANS GREGERSEN - SIMO K 0 PPE Zusammenfassung

3 3 Normative Failure Theory of Law

Law often grows from social norms that create order. Many social norms change behavior by imposing obligations on people. I model the evolution of effective consensus obligations. Some consensus obligations succeed on their own and others require the backing of state law. This paper analyzes the causes of normative failure and provides a diagnostic tool for legal intervention. Characterizing fa...