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Article

English, Spanish, Portuguese

ID: <

oai:doaj.org/article:581e1608ea744e62aa2da7c42771f2cc

>

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On the iuspositivism that we have to leave behind. An ilnaturalist criticism of ‘Let’s look behind the legal positivism’ of Atienza and Ruiz Manero
Disciplines

Abstract

A by confronting the most relevant theories Atienza and Ruiz Manero propose in their article ‘Let’s left behind legal positivism’, the author intends to show from the answer to the questions ‘What iuspositivism we need to leave behind?’, ‘why?’ and ‘how?’ – that there are serious explanatory weaknesses in iuspositivism with regard to the legal reality, and that these are linked to both ethical scepticism and the denial of the existence of a natural right in the true sense, i.e. anthropoly-metaphysical raigamous. On the other hand, it will be necessary to demonstrate that these explanatory weaknesses are also common to pragmatic and constructivist attempts to overcome iuspositivism, so that, ultimately, none of these conceptual schemes can give full account of a reality such as human rights presented as inexcusable legal and ethical debts founded on the ethical dignity of all human beings.

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