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Future Paths of Phenomenology

1st OPHEN Summer Meeting

Repository | Series | Book | Chapter

206103

The tradition of legal positivism in modern legal thought

William E Conklin

pp. 57-71

Abstract

Why do jurists and officials consider certain norms/rules as legally binding? How is it possible for officials to insist that their role is not to question the political wisdom or substantive moral content of norms/rules? Why do lawyers and judges, to be more specific, observe from the sidelines, as it were, as if their norms/rules were impersonal and their decisions distanced?

Publication details

Published in:

Conklin William E (2001) The invisible origins of legal positivism: a re-reading of a tradition. Dordrecht, Springer.

Pages: 57-71

DOI: 10.1007/978-94-010-0808-2_4

Full citation:

Conklin William E (2001) The tradition of legal positivism in modern legal thought, In: The invisible origins of legal positivism, Dordrecht, Springer, 57–71.