Law as a Leap of Faith

FAITH IN LAW, P. Oliver, S. Douglas-Scott & V. Tadros, eds., Hart Publishing, 2000

20 Pages Posted: 30 Apr 2009  

John Gardner

University of Oxford - Faculty of Law

Date Written: January 1, 2000

Abstract

This paper simultaneously pursues two comparisons: (1) a comparison between the religious believer's presupposition of God's existence and the lawyer's presupposition of the bindingness of the first constitution; and (2) a comparison between Søren Kierkegaard's philosophy of religion and Hans Kelsen's philosophy of law. Altough both exercises throw up some important disanalogies, there are also many valuable lessons, especially concerning the intellectual fate of the tradition known as 'legal positivism'.

Keywords: jurisprudence

Suggested Citation

Gardner, John, Law as a Leap of Faith (January 1, 2000). FAITH IN LAW, P. Oliver, S. Douglas-Scott & V. Tadros, eds., Hart Publishing, 2000. Available at SSRN: https://ssrn.com/abstract=1397138

John Gardner (Contact Author)

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

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