Critical Legal Positivism: 1st Edition (Paperback) book cover

Critical Legal Positivism

1st Edition

By Kaarlo Tuori

Routledge

366 pages

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Paperback: 9781138246539
pub: 2016-08-26
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Hardback: 9780754622727
pub: 2002-07-28
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pub: 2017-03-02
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Description

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.

Reviews

'…Turoi's treatise on Critical Legal Positivism is a most inspiring book and a true asset on the bookshelf of contemporary legal theorists.' Associations (Journal for Legal and Social Theory)

Table of Contents

Contents: Introduction: Modern law and its problems. Three Narratives of Modern Law: Max Weber: the formal rationality of modern law; Francois Ewald: the rationality of the norm; Jürgen Habermas: the communicative rationality of law. The Aspects and the Levels of the Law: The two faces of the law; The levels of the law; The formation of the legal order: the relations of sedimentation and constitution; The self-limitation of the law; The legitimacy of modern law; Legal science; Bibliography; Index.

About the Author

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

About the Series

Applied Legal Philosophy

Applied Legal Philosophy
The principal objective of this series is to encourage the publication of books which adopt a theoretical approach to the study of particular areas or aspects of law, or deal with general theories of law in a way which is directed at issues of practical, moral and political concern in specific legal contexts. The general approach is both analytical and critical and relates to the socio-political background of law reform issues. This series includes studies of all the main areas of law, presented in a manner which relates to the concerns of specialist legal academics and practitioners. Each book makes an original contribution to an area of legal study while being comprehensible to those engaged in a wide variety of disciplines. Their legal content is principally Anglo-American, but a wide-ranging comparative approach is encouraged and authors are drawn from a variety of jurisdictions.

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Subject Categories

BISAC Subject Codes/Headings:
LAW000000
LAW / General