Research output: Contribution in Book/Report/Proceedings - With ISBN/ISSN › Chapter (peer-reviewed) › peer-review
Research output: Contribution in Book/Report/Proceedings - With ISBN/ISSN › Chapter (peer-reviewed) › peer-review
}
TY - CHAP
T1 - Positive law and the Kelsenian project
AU - Langford, P
AU - Bryan, Ian Hugh-John
AU - McGarry, J
PY - 2017/5/18
Y1 - 2017/5/18
N2 - 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.
AB - 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.
M3 - Chapter (peer-reviewed)
SN - 9783319518176
T3 - Law and Philosophy Library
SP - 303
EP - 320
BT - Kelsenian legal science and the nature of law
A2 - Langford, P
A2 - Bryan, I
A2 - McGarry, J
PB - Springer International Publishing
ER -