Critical legal positivism

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Ashgate Publishing, Limited, 2002 - Philosophy - 349 pages
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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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Contents

Modern Law and its Problems
3
the Formal Rationality of Modern Law
33
the Rationality of the Norm
61
Copyright

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