Critical legal positivism
This treatise develops a critical version of legal positivism as the basis for modern legal scholarship. The author develops an alternative to traditional legal positivism, giving an account of how modern positive law can solve the problem of its limits and criteria of legitimacy.This scholarly treatise develops a critical version of legal positivism as the basis for modern legal scholarship. The author develops an alternative to the traditional legal positivism of Hans Kelsen and H.L.A. Hart giving an account of how modern positive law can solve the problem of its limits and criteria of legitimacy.
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Modern Law and its Problems
the Formal Rationality of Modern Law
the Rationality of the Norm
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action adjudication and legal administrative analysis application argumentation assessment autonomy basic norm basic rights characterised cognitive community in sensu conceptual legal dogmatics constitutional contents courts criteria critical legal positivism critical positivism decisions discourse ethics doctrines Dworkin EC law elements emphasised ethical Ewald external formal rationality Foucault fundamental Habermas Hart Hart's Hart's rule individual institutional facts judges juridical justification Kelsen law's deep structure law's surface legal concepts legal culture legal norms legal order legal paradigms legal philosophy legal principles legal scholars legal science legal validity legislation life-world MacCormick modern law modern society natural law normative criticism object perspective point of view political positive law presupposes problem pure theory purposive-rational realisation Rechtsstaat reconstruction regulations role rule of recognition sensu largo social law social theoretical sources of law specialised legal practices specific speech acts sub-surface layers substantive surface level systematisation theory of law traditional legal positivism validity claims Weber yardsticks