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Positive law and the Kelsenian project

Research output: Contribution in Book/Report/Proceedings - With ISBN/ISSNChapter (peer-reviewed)

Published
Publication date18/05/2017
Host publicationKelsenian legal science and the nature of law
EditorsP Langford, I Bryan, J McGarry
PublisherSpringer International Publishing
Pages303-320
Number of pages18
ISBN (Print)9783319518176
Original languageEnglish

Publication series

NameLaw and Philosophy Library
Volume118
ISSN (Print)1572-4395

Abstract

This contribution considers the Kelsenian project of a legal science of positive law against the backdrop of a striking shift in orientation away from a distinctively Kelsenian theoretical and methodological framework for the comprehension of positive law. The authors examine and problematize contemporary formulations of legal positivism which have a tendency to simplify, downplay, disengage from or renounce an unambiguously Kelsenian conceptualisation of law as a normative order. In so doing, the authors clear the ground for a critical reconstruction and assessment of the continued relevance of Kelsenian legal science for contemporary legal theories positive law.