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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Theory of Positive Law

Wálber Araujo Carneiro

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 05 April 2020

Subject(s):
Constitutions and international law — Principles and objectives of constitutions — Legitimacy — Rule of law

Published under the direction of the Max Planck Foundation for International Peace and the Rule of Law.
General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.

1. A definition of positive law should consider the flexibility that the expression has taken on at different times and in different contexts. Its conceptual unity will depend both on observations that consider the outside of the form (Luhmann) taken by the concept of law, a position usually occupied by natural law, and the internal differentiations inside the concept of positive law (see also theory of natural law; constitutionalism). These fluid boundaries can be demarcated by new perspectives of observation, ‘third’ possibilities that open new approaches to...
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