Publication
Title
Schmitt's critique of Kalsenian normativism
Author
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.
Language
Dutch
Source (journal)
Ratio juris. - Oxford
Publication
Oxford : 2005
ISSN
0952-1917
Volume/pages
18:1(2005), p. 30-45
Full text (Publishers DOI)
UAntwerpen
Faculty/Department
Research group
Publication type
Subject
Law 
External links
Record
Identification
Creation 25.03.2011
Last edited 21.11.2016