capture-decran-2025-08-28-a-125220


Parution : 08/2025
Editeur : Edward Elgar
EAN : 9781035324514
Site de l'éditeur

Advanced Introduction to Legal Positivism

Kaarlo Tuori

Présentation de l’éditeur

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 Hardbacklucid 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.

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.

Kaarlo Tuori, Professor Emeritus of Jurisprudence, University of Helsinki, Finland.

 

Sommaire

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

Elgar Advanced Introductions series , 194 pages.  £19.45