European, Realistic Legal Positivism - Part I

36 Pages Posted: 8 Apr 2022

See all articles by Christina D. Tvarnoe

Christina D. Tvarnoe

Copenhagen Business School - CBS Law

Ruth Nielsen

Law Department, CBS

Date Written: April 8, 2022

Abstract

This paper presents the current research regarding a new legal theory. The new legal theory is developed from a Danish and EU perspective and is called European, Realistic Legal Positivism. The paper explains the core of the theory, the difference between European, Realistic Legal Positivism and the earlier legal theories which were all essentially conceived before EU law really took off. Hence, from a Danish perspective the paper argues that European, Realistic Legal Positivism is developed due and in sunk with the establishment and development of EU law. The symbiose of Danish law and EU law is the foundation of European, Realistic Legal Positivism and therefore European, Realistic Legal Positivism will continue to develop jointly with the development of the EU law. European, Realistic Legal Positivism considers both the Danish national legal sources and the EU legal sources as part of the legal theory. Furthermore, European, Realistic Legal Positivism is defined as a monistic theory where national law, EU law and international law is one big system. Therefore, all levels of legal sources are issued in accordance with the competence norms of the legal system and therefore belong to this system.

Keywords: philosophy of law, theory of law, European Union, realism, positivism

JEL Classification: K00, K10, K19, K33

Suggested Citation

Tvarnoe, Christina D. and Nielsen, Ruth, European, Realistic Legal Positivism - Part I (April 8, 2022). Copenhagen Business School, CBS LAW Research Paper No. 22-04, Available at SSRN: https://ssrn.com/abstract=4078894

Christina D. Tvarnoe (Contact Author)

Copenhagen Business School - CBS Law ( email )

Porcelaenshave 18B, 1
Frederiksberg 2000
Denmark

Ruth Nielsen

Law Department, CBS ( email )

Howitzvej 13
Copenhagen, 2000
Denmark

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