Kelsen’s Legal Positivism and the Challenge of Nazi Law

Vienna Circle Institute Yearbook 17:223-240 (2014)
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Abstract

In this paper I am going to examine Kelsen’s legal positivism in the light of Nazilegal theory. My claim will be that Kelsen’s thesis that law and morality constitute two distinct normative spheres is highly plausible, but that some of his metaethical assumptions are seriously flawed

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Herlinde Pauer-Studer
University of Vienna

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