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Academic

: Legal Theory Blog

Somek on Hart, Dworkin, and Kelsen

By Lawrence Solum

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Alexander Somek (University of Iowa - College of Law) has posted The Spirit of Legal Positivism on SSRN. Here is the abstract:
    Legal positivism is nowadays mostly associated with the work of H.L.A. Hart and those scholars who try to defend his theory against Ronald Dworkin?s critique. This is quite paradoxical given that the Hartian persuasion is not at all animated by legal positivism?s ambition to submit law and legal reasoning to demystification. The article attempts to expose the shortcomings of the Hartian persuasion by submitting it to a critique that remains faithful to Kelsen?s project of demystification.

Full post as published by Legal Theory Blog on June 11, 2010 (boomark / email).

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