On legal positivism's word and our 'form-of-(non-)living'

Siliquini-Cinelli, Luca 2016, On legal positivism's word and our 'form-of-(non-)living', Global jurist, vol. 16, no. 2, pp. 211-241, doi: 10.1515/gj-2016-0003.

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Title On legal positivism's word and our 'form-of-(non-)living'
Author(s) Siliquini-Cinelli, Luca
Journal name Global jurist
Volume number 16
Issue number 2
Start page 211
End page 241
Total pages 31
Publisher Walter de Gruyter GmbH
Place of publication Berlin, Germany
Publication date 2016-07
ISSN 1934-2640
Keyword(s) legal positivism
legal language
liberal thought
reasons for action
homo juridicus
Summary This paper is about two stories. The more reassuring one states that byestablishing that a norm is valid because of its source, not its merit, legal positivism is, in its various forms, perhaps one of the greatest achievements in Western legal theory and practice. From constitutionalism to human rights policies, from criminal to international law and free trade agreements, from contracts to torts and e-commerce, legal validity, predictability, and coherence have found their most powerful ally in positivist thought. This contribution argues that it is time for a different, neorealist story: the metaphysical, ontological and biopolitical essence of its language demonstrates that legal positivism has in fact played a fundamental role in the substitution of action with behaviour, and consequently, in the normalisation of humankind’s self-annihilating animality as post-historical and post-political ‘form-of-(non-)living.’
Language eng
DOI 10.1515/gj-2016-0003
Field of Research 180122 Legal Theory, Jurisprudence and Legal Interpretation
1801 Law
Socio Economic Objective 949999 Law
HERDC Research category C1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2016, Walter de Gruyter GmbH
Persistent URL http://hdl.handle.net/10536/DRO/DU:30085011

Document type: Journal Article
Collections: Faculty of Business and Law
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