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The role of law as an instrument of communication within legal positivism

Author

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  • Claudiu Ramon D. Butculescu

    (Spiru Haret University, Bucharest, „Acad. Andrei Radulescu” Legal Research Institute, Romanian Academy)

Abstract

This article tackles some aspects concerning the role of law as an instrument of communication from the perspective of legal positivism. The paper presents considerations regarding law communication in relation to legal positivism and scientific positivism. At the same time, the article examines the correlations between the legal communication models and the various inclinations developed under legal positivism. Both within legal positivism and the scientific positivism, the role of law as a communication tool is essential. The concept of legal communication should be considered as the idea of understanding the legal norm by the recipients of law, namely by persons and also acceptance of these rules in order to respect them. Also, clarity and transparency in law communication are very important elements that contribute to the way in which legal standards are received. The analysis of legal communication from the perspective of legal positivism presents a special scientific interest, given the very essence of positivism, namely that the laws are commands of the human being. Thus, it is important to analyze communication patterns that can be applied in the positivist orientation to consistently appreciate the ways in which legal communication can be improved.

Suggested Citation

  • Claudiu Ramon D. Butculescu, 2015. "The role of law as an instrument of communication within legal positivism," Juridical Tribune - Review of Comparative and International Law, Bucharest Academy of Economic Studies, vol. 5(2), pages 132-137, December.
    • Handle: RePEc:asr:journl:v:5:y:2015:i:2:p:132-137
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    More about this item

    Keywords

    legal positivism; scientific positivism; communication patterns; legal communication;
    All these keywords.

    JEL classification:

    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • K30 - Law and Economics - - Other Substantive Areas of Law - - - General

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