"Legal positivism and legal idealism" [2020] ELECD 73; in Linderfalk, Ulf (ed), "Understanding Jus Cogens in International Law and International Legal Discourse" (Edward Elgar Publishing, 2020) 40

Book Title: Understanding Jus Cogens in International Law and International Legal Discourse

Editor(s): Linderfalk, Ulf

Publisher: Edward Elgar Publishing

Section: Chapter 2

Section Title: Legal positivism and legal idealism

Number of pages: 23

Abstract/Description:

This chapter outlines the respective positions of legal positivism and legal idealism with regard to a series of fundamental questions. These questions include: What counts as law? What is the relationship between law and value? What does it mean to say that a legal norm is valid? What are the elements of law and how is law being structured? What is the significance of law for the pursuit of social order?