Critical Legal Positivism

By:

Kaarlo Tuori

Format:

Hardback

Series:

Applied Legal Philosophy

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Description

This scholarly treatise develops a critical version of legal positivism as the basis for modern legal scholarship. The author develops an alternative to the traditional legal positivism of Hans Kelsen and H.L.A. Hart giving an account of how modern positive law can solve the problem of its limits and criteria of legitimacy. The book makes a distinction between the two aspects of law: the law as a legal order, and the law as legal practices. Secondly, the law as a legal order is examined in terms of three levels: the surface level, the legal culture and the deep structure of law. These levels are connected through specific relations that are channelled by the legal practices of lawmaking, adjudication and legal science. These relations, responsible for the internal dynamics of the law, are termed sedimentation, constitution, specification, limitation, justification and criticism. Finally, the book aims to provide fresh insights into the autonomy of modern law as well as the interplay of external and internal factors in the development of the law

Author Biography:

Kaarlo Tuori, Professor of Law, University of Helsinki, Finland Professor at the Academy of Finland 1986-1991, Professor of Law at the University of Helsinki from 1991, Justice of the Supreme Administrative Court of Finland 1995, Counselor to the Constitutional Committee of the Parliament of Finland. Several books in legal theory and public law (in Finnish), articles in legal theory in Finnish, Swedish, English, Spanish and German

Release date Australia

July 28th, 2002

Author

Kaarlo Tuori

Audiences

Professional & Vocational
Tertiary Education (US: College)

Pages

366

Series

Applied Legal Philosophy

Dimensions

156x234x38

ISBN-13

9780754622727

Product ID

27800540

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