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International Studies in Phenomenology and Philosophy

Book | Chapter

178107

Legal positivism in the postwar debate

Mauro Barberis Giorgio Bongiovanni

pp. 1307-1326

Abstract

As was noted earlier, the central theme in the legal-philosophical debate after World War II was the relation between law and morals. This drew into a discussion two research traditions, natural law and legal positivism, that had hitherto tended to ignore each other: Exemplary in this respect is Kelsen's gesture in stating that no reine Rechtslehre could ever concern itself with justice.

Publication details

Published in:

Pattaro Enrico, Roversi Corrado (2016). A treatise of legal philosophy and general jurisprudence 12: legal philosophy in the twentieth century: the civil law world, tome 1: language areas, tome 2: main orientations and topics, Springer, Dordrecht.

Pages: 1307-1326

DOI: 10.1007/978-94-007-1479-3_37

Full citation:

Barberis Mauro, Bongiovanni Giorgio (2016). Legal positivism in the postwar debate, in E. Pattaro & C. Roversi (eds.), A treatise of legal philosophy and general jurisprudence 12, Dordrecht, Springer, pp. 1307-1326.