Methodological value of the theory of realistic positivism

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In the conditions of modern legal discourse, filled with a variety of paradigms of legal understanding, the theory of realist positivism is one of the most adequate solutions to the problem of understanding the nature of law and its place in society. The value of principles and ideas of realist positivism is revealed not only in the context of theoretical understanding of legal phenomena, but also in the practical analysis of their application. In this article, the author reveals the identified problematic with the reliance on the key aspects of the concept of realist positivism and argues the methodological value of this approach to understanding the phenomenon of law. The author comes to the conclusion that the synthesis of positivist, sociological and substantial principles underlying realistic positivism makes it possible to reveal the essence of law not only as an element of social existence, but also as a real phenomenon, which makes it possible to consider law in relation to historical and socio-cultural phenomena, but without detracting from the specifics of the legal sphere.

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Theory of legal understanding, realistic positivism, theory of realistic positivism, methodology of law, integrative legal understanding

Короткий адрес: https://sciup.org/140310535

IDR: 140310535   |   DOI: 10.52068/2304-9839_2025_72_1_146

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