Whose voluntas, what ratio?: Law in the state tradition

@article{Tuori2018WhoseVW,
  title={Whose voluntas, what ratio?: Law in the state tradition},
  author={K. Tuori},
  journal={International Journal of Constitutional Law},
  year={2018},
  volume={16},
  pages={1164-1175}
}
  • K. Tuori
  • Published 2018
  • Political Science
  • International Journal of Constitutional Law
Post-national developments have questioned the dominance of state will and lead to an increasing separation of the institutional locus of legal voluntarism and coercion. However, this article discusses “state tradition” as a legal mind-set; as an ingrained approach to law, which may linger in our legal Vorverstandnis long after post-national developments have challenged its seemingly self-evident premises. The article examines the Kelsenian and the Hartian variants of legal positivism as… Expand
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  • Political Science
  • Global Constitutionalism
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