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International Studies in Phenomenology and Philosophy

Series | Book | Chapter

209453

Kelsen and natural law theory

an enduring critical affair

Pierluigi Chiassoni

pp. 275-301

Abstract

In a series of essays published from the late 1920s up to the mid-1960s, Hans Kelsen carries out a radical critique of natural law theory. The present paper purports to provide an analytical reconstruction and a critical assessment of such critique. It contains two parts. Part one surveys the fundamentals of Kelsen's argumentative strategy against natural law and its theorists. Part two considers, in turn, two critical reactions to Kelsen's criticisms: by Edgar Bodenheimer, on behalf of traditional natural law theory; by Robert P. George, on behalf of "the new natural law theory". As the analysis suggests, Kelsen's critique stands up to such criticisms.

Publication details

Published in:

Langford Peter, Bryan Ian, McGarry John (2017) Kelsenian legal science and the nature of law. Dordrecht, Springer.

Pages: 275-301

DOI: 10.1007/978-3-319-51817-6_15

Full citation:

Chiassoni Pierluigi (2017) „Kelsen and natural law theory: an enduring critical affair“, In: P. Langford, I. Bryan & J. Mcgarry (eds.), Kelsenian legal science and the nature of law, Dordrecht, Springer, 275–301.