Non-Fiction Books:

Kelsenian Legal Science and the Nature of Law

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Paperback / softback
$523.00
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Description

This book critically examines the conception of legal science and the nature of law developed by Hans Kelsen. It provides a single, dedicated space forĀ 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 KelsenianĀ notion of law as a legal science. Divided into six parts, the chapter contributions feature distinct levels of analysis. Overall, the structure of theĀ book providesĀ aĀ sustainedĀ 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,Ā the notion of a science of positive law andĀ the specifically Kelsenian concept of the basic norm (Grundnorm). The next three parts engage in a critical analysis ofĀ 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 contemporaryĀ non-positivist theories of law. The conclusion discusses the increasing distance of contemporary theories of legal positivismĀ from a KelsenianĀ notion of legal science in its consideration of the nature of law.
Release date NZ
July 28th, 2018
Audience
  • Professional & Vocational
Contributors
  • Edited by Ian Bryan
  • Edited by John McGarry
  • Edited by Peter Langford
Edition
Softcover reprint of the original 1st ed. 2017
Illustrations
XIV, 320 p.
Pages
320
ISBN-13
9783319847481
Product ID
28328554

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