Titlebook: Kelsenian Legal Science and the Nature of Law; Peter Langford,Ian Bryan,John McGarry Book 2017 Springer International Publishing AG 2017 L

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Constitutionalism and Value-Free Method: Kelsen’s Legacy in Contemporary Challengesace of interpretative discretion. However, is constitutionalization the irreversible crisis of legal positivism and the abandonment of the methodological disenchantment of Kelsen legal science? In this chapter, the predominant conception of constitutionalization is placed into question by analyzing

accessory

Hans Kelsen and Practical Reasonalong with the sociological or political or ideological aspects of law; and in this way the Pure Theory of law is forced to forgo some of its distinctive features, as is evident in Kelsen’s final works; and that the demise of practical reason strongly destabilizes the Pure Theory of law itself.

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正面

Hans Kelsen’s Works and the Modern Theories of Human Rightspromising starting points, it would be improper to conclude that Kelsen ignores or slights human rights. It is not so difficult to restore links between the modern and contemporary theories of human rights and Kelsen’s work, through a consideration of his meta-ethical preferences and the global stru

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设想

Book 2017ical analysis of 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 contemporary non-positivist