Review article
https://doi.org/10.3935/zpfz.69.56.05
The Concept of Justiciability and Kantorowicz’s Approach to the Determination of the Content of Law
Mario Krešić
orcid.org/0000-0002-1461-7680
; Faculty of Law, University of Zagreb, Zagreb, Croatia
Abstract
Kantorowicz’s concept of justiciability in his definition of law reveals a characteristic approach to the determination of the content of law. This approach can be understood as a critique of 19th century positivism as well as an approach belonging to the theories critically related to the theory of legal positivism of the 20th century. In this article, we will analyse the concept of justiciability, connect it with his broader understanding of the content of law, and explain how a distinction can be made between Kantorowicz’s theory and both types of positivistic theories on the basis of this concept. Differences in relation to post-war positivism will be demonstrated through a comparison of Kantorowicz’s theory with the theories of H.L.A. Hart and Ronald Dworkin.
Keywords
Kantorowicz; formalism; justiciability; sources of law; positivism
Hrčak ID:
233802
URI
Publication date:
31.1.2020.
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