Title
Schmitt's critique of Kalsenian normativism Schmitt's critique of Kalsenian normativism
Author
Faculty/Department
Faculty of Law
Publication type
article
Publication
Oxford ,
Subject
Law
Source (journal)
Ratio juris. - Oxford
Volume/pages
18(2005) :1 , p. 30-45
ISSN
0952-1917
Carrier
E
Target language
Dutch (dut)
Full text (Publishers DOI)
Abstract
The aim of this paper is to underline the relevance of Schmitt's critique of Kelsenian normativism in the context of today's debate about the status of legal positivism. Schmitt's underlining of the limits which a certain kind of positivism imposes upon itself highlights a contemporary issue about what legal theory should aim at when accounting for the normative dimension of law. Schmitt's ultimate failure to take up the theoretical challenge he himself raised (with its well-known consequences) is deemed to illustratenegativelythe importance of providing a plausible account of the social practices which bring law into existence.