TY - BOOK
T1 - Kelsenian Legal Science and the Nature of
Law
A2 - Langford, Peter
A2 - Bryan, Ian
A2 - Mcgarry, John
PY - 2017/5/18
Y1 - 2017/5/18
N2 - 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 of Kelsenian 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.
AB - 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 of Kelsenian 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.
KW - Kelsen
KW - Law and philosophy
M3 - Book
SN - 978-3-319-51816-9
T3 - Law and Philosophy Library
BT - Kelsenian Legal Science and the Nature of
Law
PB - Springer
CY - Dordrecht, the Netherlands
ER -