Философският позитивизъм и възникването на правния позитивизъм: анализ чрез историята на идеите
Philosophical Positivism and the Origin of Legal Positivism: A History of Ideas Analysis

Summary/Abstract: Why is the empiricist tradition within modern juridical thought called legal positivism – because it is claimed to have a relation to positive law or because of its philosophical origins? In order to solve this etymological problem a hypothesis on the relation between philosophical and legal positivism in their initial manifestations is presented. The main idea, which is elaborated and defended in the article, is that legal positivism used the empiricist epistemology and followed the scientific criteria and arguments about the function of science, as maintained by the positivist philosophers. A brief review of the epistemological empiricism of Modernity and of philosophical positivism is provided. The influence of their basic arguments on leading legal positivists is traced. The aim of the analysis is to emphasise on the direct references and personal interactions between philosophers like Hume, Comte, J. S. Mill, and certain jurists. In conclusion, the features of philosophical positivism in the legal theories of Bentham, Austin and Bergbohm are described and an answer is given to the question about the historical and cultural roots of European positivism.

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