جستجوی مقالات مرتبط با کلیدواژه "legal absolutism" در نشریات گروه "فقه و حقوق"

The existence of antinomic currents within the paradigm of modern law, can lead to the crisis and passing that as well. Bruno Oppetit, considers the formation of European law, the elevation of the place of the custom being source, and the elevation of the role of the judges in the legal order, as influencing factors of the legal relativism. He believes that relativism or pluralism is at odds with modern law. However, the theoretical framework of the modern law of Oppetit is only the substantial legal positivism. In rejecting this theoretical framework and insisting on the fact that modern law must be explained, either in the context of metaphysical rationality or within the framework of spontaneous social rationality, this article aims to answer a this question: Are the factors set out by Bruno Oppetit is contradicted to modern law? Or have they come to the resurgence of this Law, after a period of dominance of legal positivism?