Titlebook: Legal Positivism in a Global and Transnational Age; Luca Siliquini-Cinelli Book 2019 Springer Nature Switzerland AG 2019 Legal positivism.

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About the Impossibility of Absolute State Sovereignty. The Modern Era and the Early Legal Positivistolute or unlimited sovereignty is impossible because all sovereignty is necessarily underpinned by its conditions of possibility. The present chapter consists of two main parts. Firstly, and in order to show more clearly how sovereignty is limited, two kinds of agents are introduced: (a) individuals

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New International Legal Positivism: Formalism by Another Name? d’Aspremont’s HLA Hart-inspired theory of the sources of international law and the nature of international law more generally, it questions the distinctiveness of the positivism they advocate and contests the contemporary value of a positivistic approach to international law.

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Before and After Legal Positivity: Peremptory Norms from Global and Transnational Social Practiceave a universal, peremptory and non-derogable character, based on the importance of their content, which appears to be in tension with the positivist vision of international law as an artificial creation, grounded on state sovereignty and consent. On the other hand, there is the seemingly paradoxica

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Beyond Legal Positivism in Transnational Lawt are served better through the inclusion into positive law of legal tools that have been elaborated in other parts of the world in order to promote these principles. Just as legal positivism is not an adequate theory to capture the operation of law within the state as it is traditionally understood