This profound and scholarly treatise develops a critical version of legal positivism as the basis for modern legal scholarship.
Kaarlo Tuori is a professor of law at the University of Helsinki. He has worked as a Justice of the Supreme Administrative Court and as a Counselor to the Constitutional Committee of the Parliament. He is currently a member of the Venice Commission (Commission for Democracy through Law)
List of Figures
vii
Series Preface
ix
Preface
xi
I INTRODUCTION
Modern Law and its Problems
3
(30)
II THREE NARRATIVES OF MODERN LAW
Max Weber: the Formal Rationality of Modern Law
33
(20)
Francois Ewald: the Rationality of the Norm
53
(24)
Jurgen Habermas: the Communicative Rationality of Law
77
(44)
III THE ASPECTS AND THE LEVELS OF THE LAW
The Two Faces of the Law
121
(26)
The Levels of the Law
147
(50)
The Formation of the Legal Order: The Relations of Sedimentation and Constitution
197
(20)
The Self-Limitation of the Law
217
(26)
The Legitimacy of Modern Law
243
(40)
Legal Science
283
(40)
Bibliography
323
(16)
Index
339
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