FROM CONSTITUTIONALIZATION TO INDETERMINATION. CHALLENGES OF LEGAL POSITIVISM

Abstract

The article presents a vision of the challenges to which contemporary legal positivism has to respond. The constitutionalisation that governs current legal systems offers a new framework in which to develop the classic controversy between positivism and iusnaturalism. This article analyses the different positivist proposals put before the reality of the constitutional state as well as its replies to the criticisms of those who consider it anoutdated theory of little use. Finally, it will also deal with the relationship between positivism and legal realism. This relationship is increasingly close due to the uncertainty that characterizes no few legislative and constitutional clauses.