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2006

Positivism

Articles 1 - 6 of 6

Full-Text Articles in Law

Selective Affinities: On The American Reception Of Hans Kelsen's Legal Theory , D. A. Jeremy Telman May 2006

Selective Affinities: On The American Reception Of Hans Kelsen's Legal Theory , D. A. Jeremy Telman

ExpressO

Hans Kelsen (1881-1973), who lived and taught in the United States for over three decades, was one of those émigré intellectuals whose, “style of thinking,” as H. Stuart Hughes put it, “withered or barely held [its] own in the new American setting.” Kelsen’s relative obscurity in the U.S. legal academy continues despite a recent revival of interest in German legal theory among U.S. academics. Oddly enough, that revival of interest, which has been spearheaded by self-described post-Marxists and other progressives seeking to develop a new critique of liberalism, has not focused on Kelsen and his social-democratic critics, instead latching onto …


The Intrinsic Value Of Obeying A Law: Economic Analysis Of The Internal Viewpoint, Robert Cooter Jan 2006

The Intrinsic Value Of Obeying A Law: Economic Analysis Of The Internal Viewpoint, Robert Cooter

Fordham Law Review

No abstract provided.


Constitutional Fidelity, The Rule Of Recognition, And The Communitarian Turn In Contemporary Positivism, Matthew D. Adler Jan 2006

Constitutional Fidelity, The Rule Of Recognition, And The Communitarian Turn In Contemporary Positivism, Matthew D. Adler

Fordham Law Review

No abstract provided.


Are Constitutional Norms Legal Norms?, Jeremy Waldron Jan 2006

Are Constitutional Norms Legal Norms?, Jeremy Waldron

Fordham Law Review

No abstract provided.


A Socio-Legal Methodology For The Internal/External Distinction: Jurisprudential Implications, Brian Z. Tamanaha Jan 2006

A Socio-Legal Methodology For The Internal/External Distinction: Jurisprudential Implications, Brian Z. Tamanaha

Fordham Law Review

No abstract provided.


Adversary Advocacy And The Authority Of Adjudication, Daniel Markovits Jan 2006

Adversary Advocacy And The Authority Of Adjudication, Daniel Markovits

Fordham Law Review

No abstract provided.