The Spirit of Legal Positivism
49 Pages Posted: 8 Jun 2010
Date Written: June 7, 2010
Legal positivism is nowadays mostly associated with the work of H.L.A. Hart and those scholars who try to defend his theory against Ronald Dworkin’s critique. This is quite paradoxical given that the Hartian persuasion is not at all animated by legal positivism’s ambition to submit law and legal reasoning to demystification. The article attempts to expose the shortcomings of the Hartian persuasion by submitting it to a critique that remains faithful to Kelsen’s project of demystification.
Keywords: Legal Positivism, Constructivism, Rule of Recognition, Jules Coleman, Ronald Dworkin, H.L.A. Hart, G.W.F. Hegel, Hans Kelsen
Suggested Citation: Suggested Citation