Contemporary Anglo-American Legal Positivism: Chronology and Topical Themes of Scientific Discourse

Abstract

The question of perfecting the methodology and modernization of the positivist doctrine is highly relevant in the domestic legal theory. In this context, the analysis of the provisions of the legal dogma of competing legal systems, in particular the Anglo-American legal positivism, its subject area and the history of its formation, is of great importance. The author points out that the foundations of this direction were formulated in the scientific works of Herbert Hart, who identified the topical issues of modern theory. It is a widespread point of view that it is precisely with his legal theory that the modern stage of the development of this direction begins. In turn, the more objective consideration of the question demonstrates a certain degree of inaccuracy in this conclusion. The named circumstances made it necessary to define the chronological and subject frameworks of the modern Anglo-American positivism as a direction in the understanding of the law for the subsequent perspective of comparative studies. As a result, the author defines the following topical themes of modern Anglo-American positivism: the understanding of law as a social fact, the conventional nature of legal normativity, the limitation of the formal expression of norms in legislation, the rational conditioning of following legal norms, and axiological openness. As a result, the research established that disagreements among the representatives of the direction on the last question determined the formation of two vectors of the development of Anglo-American legal positivism in our days. Precisely their emergence determines the chronological and subject frames of modern Anglo-American legal positivism.