Publication
Title
Hart's and Kelsenian contrasted understandings of normativity
Author
Abstract
Hart's and Kelsen's respective outlooks on the concept of normativity not only differ by the way they explain this concept but also, more importantly, in what they seek to achieve when endeavouring to account for the normative dimension of law. By examining Hart's and Kelsen's models in the light of Korsgaard's understanding of the "normativity problem," my aim is to emphasise not only their contrasted perspectives, but also the common limit they impose on their theories by dismissing as inappropriate any question regarding the emergence of legal normativity. On the basis of my previous arguments, I shall explain why I deem Raz's analysis of the contrast between Hart's and Kelsen's conceptions of normativity to be misleading.
Language
English
Source (journal)
Ratio juris. - Oxford
Publication
Oxford : 2004
ISSN
0952-1917
Volume/pages
17:4(2004), p. 501-520
Full text (Publisher's DOI)
UAntwerpen
Faculty/Department
Research group
Publication type
Subject
Law 
External links
Record
Identification
Creation 25.03.2011
Last edited 21.11.2016