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Revista Universidad y Sociedad

On-line version ISSN 2218-3620

Abstract

GUAMAN CHACHA, Klever Aníbal; HERNANDEZ RAMOS, Eduardo Luciano  and  LLOAY SANCHEZ, Stalin Israel. Positivism and legal positivism. Universidad y Sociedad [online]. 2020, vol.12, n.4, pp. 265-269.  Epub Aug 02, 2020. ISSN 2218-3620.

The article characterizes Positivism and Legal Positivism, without taking part in either of them. Positivism conceptualized as a philosophy whose fundamental principle was the thing itself, as a modern conception of the world, which rests on the physical-natural sciences. The current juridical positivism that was born and developed in the 19th century, product of the epistemological bases of the first one to the knowledge of the Law. It uses the interpretative, grammatical, historical, and logical method, which allowed characterizing the Positivism and the legal positivism. It is a current topic that will not lose its relevance given its importance, which allows to have an epistemological position in the practice as a lawyer.

Keywords : Positivism; legal positivism; epistemology; conceptual conflict; knowledge.

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