"Although the subject-matter of jurisprudence (sometimes called 'legal theory') is not understood in precisely the same way everywhere, everyone agrees that the question of the nature of law falls within the purview of jurisprudence. The central question is, 'What is law?', or '…
Most contemporary legal philosophers tend to take force to be an accessory to the law. According to this prevalent view the law primarily consists of a series of demands made on us; force, conversely, comes into play only when these demands fail to be satisfied. This book claims…
Recoge: Three paradigms of legal positivism -- The pure theory of law : science or political theory? -- Kelsen's principles of legality -- Kelsen's theory of democracy : reconciliation with social order -- Democratic constitutionalism : Kelsen's theory of constitutional review -…
Judicial power, democracy and legal positivism
This collection of essays by a group of leading legal philosophers from the US, the USA and Australasia centres of the juridification of politics through enhancing the entrenched power of judges. The issues are examined in the context of a critique of the revival of legal positi…
