Home > Research > Publications & Outputs > Positive law and the Kelsenian project

Associated organisational unit

View graph of relations

Positive law and the Kelsenian project

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

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
<mark>Original language</mark>English

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.