Advanced Introduction to Legal Positivism
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Advanced Introduction to Legal Positivism: (Elgar Advanced Introductions series)

Advanced Introduction to Legal Positivism: (Elgar Advanced Introductions series)


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About the Book

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world’s leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. The Advanced Introduction to Legal Positivism provides an accessible overview of legal positivism, structured in accordance with the main theses of theoretical and methodological positivism: the normativity, the social, the separation and the descriptive thesis. Kaarlo Tuori compares the two main variants of 20th century positivism presented by Hans Kelsen and H. L. A. Hart, delineating these from philosophical and sociological positivism. Tuori examines the criticism of natural law and legal realism by both Kelsen and Hart, offering new insights into the connections between law and morals and into law’s social dimension. He outlines problematic reductions caused by legal positivism, including the neglect of social and legal-cultural dimensions, as well as the interlegality of contemporary law. Key Features: Explores the social dimension of law Examines legal principles and validity Critically analyses Kelsen’s basic norm and Hart’s rule of recognition Discusses conceptual analysis and the accompanying reliance on a standard case in legal positivism This informative Advanced Introduction is an essential guide for students and academics in law and philosophy. Its critical and methodological insights are also beneficial for legal theorists and philosophers of law.

Table of Contents:
Contents Dictionary Preface 1 Mapping the field 2 The normativity thesis: under the Grundnorm 3 The normativity thesis: law as a union of primary and secondary rules 4 The social thesis 5 The separation thesis 6 Methodological positivism 7 Beyond legal positivism References Titles in the Elgar Advanced Introductions series include:

About the Author :
Kaarlo Tuori, Professor Emeritus of Jurisprudence, University of Helsinki, Finland

Review :
‘This is a lucid analysis of the central theses in the writings of two foremost European legal theorists of the 20th century, Hans Kelsen and H.L.A. Hart. Tuori situates both in their intellectual context, giving an excellent account of what they wanted to achieve by their normative and sociological theories. He assesses the strengths and limits of their legal methodologies and the relevance of their thesis of the separateness of law and morality in a world of legal plurality today. Tuori’s return to the legal classics from the last century is respectful, but critical. It is a superb overview of the achievements and limits of two ruling variants of European legal thought and a well-grounded invitation to move forward from them.’ ‘Tuori’s account of law’s multi-layered normativity and acute appreciation of the interplay between its normative and social dimensions offers, to put it with Hart, the extraordinary combination of a fly’s eye for detail with an eagle’s eye for illuminating generalisations – a book to be read on many different levels.’ ‘The Handbook on Post-Schumpeterian Innovations offers an insightful approach, a new paradigm to theory and practices, and the shift from traditional producer-driven innovation to more inclusive, citizen well-being focus approaches. With contributions from academics around the globe, it highlights how innovation with open, free, and social focus is reshaping economies and societies and contributing to the future of human progress, which we need more than ever.’


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Product Details
  • ISBN-13: 9781035324514
  • Publisher: Edward Elgar Publishing Ltd
  • Publisher Imprint: Edward Elgar Publishing Ltd
  • Height: 216 mm
  • No of Pages: 194
  • Width: 138 mm
  • ISBN-10: 1035324512
  • Publisher Date: 19 Aug 2025
  • Binding: Paperback
  • Language: English
  • Series Title: Elgar Advanced Introductions series


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