Overview
- Offers a detailed critical analysis of the distinctive Kelsenian approach to the nature of law
- Unique in being the first to conduct such an analysis in the English language
- Features the work of a range of established European scholars
Part of the book series: Law and Philosophy Library (LAPS, volume 118)
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Table of contents (16 chapters)
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Front Matter
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Legal Science Before the Tribunal of Validity
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Front Matter
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Beyond Natural Law?
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Front Matter
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Against Practical Reason
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Front Matter
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The Triumph of Legal Science?
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Front Matter
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Keywords
About this book
This book critically examines the conception of legal science and the nature of law developed by Hans Kelsen. It provides a single, dedicated space for a range of established European scholars to engage with the influential work of this Austrian jurist, legal philosopher, and political philosopher.
The introduction provides a thematization of the Kelsenian notion of law as a legal science. Divided into six parts, the chapter contributions feature distinct levels of analysis. Overall, the structure of the book provides a sustained reflection upon central aspects of Kelsenian legal science and the nature of law.
Parts one and two examine the validity of the project of Kelsenian legal science with particular reference to the social fact thesis, the notion of a science of positive law and the specifically Kelsenian concept of the basic norm (Grundnorm). The next three parts engage in a critical analysis of the relationship ofKelsenian legal science to constitutionalism, practical reason, and human rights.
The last part involves an examination of the continued pertinence of Kelsenian legal science as a theory of the nature of law with a particular focus upon contemporary non-positivist theories of law. The conclusion discusses the increasing distance of contemporary theories of legal positivism from a Kelsenian notion of legal science in its consideration of the nature of law.
Editors and Affiliations
Bibliographic Information
Book Title: Kelsenian Legal Science and the Nature of Law
Editors: Peter Langford, Ian Bryan, John McGarry
Series Title: Law and Philosophy Library
DOI: https://doi.org/10.1007/978-3-319-51817-6
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: Springer International Publishing AG 2017
Hardcover ISBN: 978-3-319-51816-9Published: 23 May 2017
Softcover ISBN: 978-3-319-84748-1Published: 28 July 2018
eBook ISBN: 978-3-319-51817-6Published: 16 May 2017
Series ISSN: 1572-4395
Series E-ISSN: 2215-0315
Edition Number: 1
Number of Pages: XIV, 320
Topics: Theories of Law, Philosophy of Law, Legal History, Philosophy of Law, Ethics, Philosophy of Nature