Abstract

PAULSON, Stanley L.. Normativismo continental y su contraparte británico: ¿Qué tan diferentes son?. Bol. Mex. Der. Comp. [online]. 2005, vol.38, n.114, pp.1139-1163. ISSN 2448-4873.

The question ¿What is law? has found an enormous variety of answers. However, they can be grouped around the two most important philosophical traditions: legal positivism and natural law. The first establishes a specific connection between law and facts (reductive thesis), while the second can be distinguished by the relation between law and morality (normative thesis). In this context, the author examines these relations, studying the specific characteristics of the normative continental thesis, in particular regarding the thesis of Hans Kelsen, who developed normativism based on the theoretical work of Kant; in opt position to British normativism, that derived from Hume's empirism and finds its contemporary expression in Hart's legal theory.

Keywords : law; legal theory; ius-postivism; natural.