Legal positivism in the first half of the 20th century

Giorgio Bongiovanni

pp. 1251-1305

in: Enrico Pattaro, Corrado Roversi (eds), A treatise of legal philosophy and general jurisprudence 12, Berlin, Springer, 2016

Abstract

Legal positivism did not establish its dominant position in the 1800s without giving rise to a range of highly critical counter-currents, especially in the late 1800s. These were analyses that, starting from the disavowal of the positivist approach on the part of Rudolph von Jhering (1913, 1884), called into question the positivist method and the criteria by which to identify the law.