Hans Kelsen and the Natural Law Tradition

Hans Kelsen and the Natural Law Tradition

Author
Peter Langford (editor), Ian Bryan (editor), John McGarry (editor)
Publisher
Brill
Language
English
Year
2019
Page
535
ISBN
9004390383,9789004390386
File Type
pdf
File Size
4.2 MiB

Hans Kelsen and the Natural Law Tradition provides the first sustained examination of Hans Kelsen's critical engagement, itself founded upon a distinctive theory of legal positivism, with the Natural Law Tradition. This edited collection commences with a comprehensive introduction which establishes the character of Kelsen's critical engagement as a general critique of natural law combined with a more specific critique of representative thinkers of the Natural Law Tradition. The subsequent chapters are then devoted to a detailed analysis of Kelsen's engagement with prominent theorists from the Natural Law Tradition. The volume concludes with an exploration, focusing upon the delineation of a non-positivist legal theory in the debate between Robert Alexy and Joseph Raz, of the continued presence of Kelsenian legal positivism in contemporary legal theory.

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