Legal positivism in the postwar debate
pp. 1307-1326
in: Enrico Pattaro, Corrado Roversi (eds), A treatise of legal philosophy and general jurisprudence 12, Berlin, Springer, 2016Abstract
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.