TY - JOUR ID - 70723 TI - Critical Analytical Analysis of Theoretical Foundations of Legal Positivism and Its Effects on Legal Justice JO - Public Law Studies Quarterly JA - JPLSQ LA - en SN - 2423-8120 AU - Javid, Mohamad javad AU - khosravi, Mohamad Mahdi AD - Professor, Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran AD - Faculty of Law and Political Sciences, University of Tehran, Tehran, Iran Y1 - 2019 PY - 2019 VL - 49 IS - 3 SP - 735 EP - 755 KW - Descriptivism KW - Advocacy KW - right KW - Assignment KW - Linguistic Analysis KW - Justice KW - Governance KW - ought KW - is DO - 10.22059/jplsq.2018.242144.1587 N2 - Applying formal and material objectivy, derived from philosophical foundations of positivism, on human law, which are framed based on authenticity of feeling and the possibility of experimental observation on the one hand and on the differentiating the realms of objective truths and negating the possibility of rational knowledge of legislation and practical wisdom on the other hand,  has formed the frame of rights and duties released from all kinds of ideological value constraints and commitment to the closed circle of mankind's will and commands without being able to move out to its own supernatural. Preventing the inconsistency between the two abovementioned issues will reduce positivism, as a formalist theory based on the conventional-lingual analysis method, to a Kelsen-Hume(ic) expression and therefore it has consequently encountered to relativism and inaccuracy. Accordingly, the concept of justice in public law has been conceptually transformed to the characteristics of having no criteria, personalization and being separated from the positive law. Nevertheless, the existing fallacies through ordering the introduction and uncommittable results has caused failure of the mentioned school through law and legal justice. UR - https://jplsq.ut.ac.ir/article_70723.html L1 - https://jplsq.ut.ac.ir/article_70723_d59dee7bbb1cd309cfbd90b1f9803c49.pdf ER -