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LimLight Offline
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Age: 30
Gender: Female
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Posts: 142
Join Date: January 6th 2009

Philosophy of Law (Hart vs. Kelsen) - November 30th 2010, 05:00 AM

For the essay I am currently writing on of my points depends on distinguishing between Kelsen's grundnorm (basic norm), and Hart's Rule of Recognition. I get both the the individual ideas I think, I'm just having a hard time picking out Hart's actual critiques of Kelsen from the excerpts my prof gave us. I know that he disproves of relation sanctions of normativity, but I wasn't entirely sure how that would relate to the basic norm. Being the Continental driven philosopher that I am, I'm trying I'm leaning towards using Kelsen's theory, rather than Hart's, but I need to figure out Hart's objections to him to do so.
Has anyone on here by any change studied Philosophy of Law, and more specifically, these two theorists. It would be great help.

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hart, kelsen, law, philosophy

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