Reconceptualizing Jurisprudential Foundations: A Critical Re-evaluation of Legal Positivism and its Implications for Contemporary Governance

Abstract

This article explores the evolving landscape of jurisprudential thought, focusing on the critical re-evaluation of legal positivism as jurisdictions face unprecedented challenges in governance and legal interpretation. Utilizing a qualitative methodology, we analyze landmark court cases and legal frameworks that illustrate the limitations and transformations within positivist doctrine. The findings highlight a paradigm shift towards integrative legal frameworks that marry positivist understandings with substantive justice aspects, proposing a more holistic approach to legal practice. This study underscores the urgency for legal scholars and practitioners to transcend traditional paradigms and adopt frameworks that better accommodate contemporary societal complexities.