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Critical Legal Positivism
DOI link for Critical Legal Positivism
Critical Legal Positivism book
Critical Legal Positivism
DOI link for Critical Legal Positivism
Critical Legal Positivism book
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ABSTRACT
This profound and scholarly treatise develops a critical version of legal positivism as the basis for modern legal scholarship. Departing from the formalism of Hart and Kelsen and blending the European tradition of Weber, Habermas and Foucault with the Anglo-American contributions of Dworkin and MacCormick, Tuori presents the normative and practical faces of law as a multilayered phenomenon within which there is an important role for critical legal dogmatics in furthering law's self-understanding and coherence. Its themes also resonate with importance for the development of the European legal system.
TABLE OF CONTENTS
part I|2 pages
INTRODUCTION
chapter 1|28 pages
Modern Law and its Problems
part II|2 pages
THREE NARRATIVES OF MODERN LAW
chapter 2|20 pages
Max Weber: the Formal Rationality of Modern Law
chapter 3|24 pages
François Ewald: the Rationality of the Norm
chapter 4|42 pages
Jürgen Habermas: the Communicative Rationality of Law
part III|2 pages
THE ASPECTS AND THE LEVELS OF THE LAW