LEGALISTIC (POSITIVIST) CONCEPT OF LAW
ARMEN SHUKURYAN
Deputy Head of the RA United Social Service,
Senior Researcher at the Institute of Philosophy,
Sociology and Law of the NAS of the RA,
Doctoral Student, Candidate of Law, Associate Professor
DOI: https://doi.org/10.59546/18290744-2024.1-3-3
Annotation.
The article thoroughly discusses the essence, concept and substantive features of the legalistic (positivist) concept of law. In the article, the author argues that the basis of the legalistic (positivist) concept of law is a combination of law as an order, as mandatory definitions of the state, and decrees. According to that concept, right and law are effectively identical because they express the sovereign will of the state. The history and theory of legal thought and jurisprudence are penetrated by the struggle of two opposite types of legal understanding. These two types of interpretation of the understanding of law and understanding of law can be conditionally called juridical and legalistic types of legal understanding. Within these two types of legal understanding, there are different concepts of the understanding of law and directions of interpretation. Accounting for the intra-typological features of the inter-typological differences of one or another teaching about law is essential for the specific characterization of their theoretical-legal content.