Transnational Governance Regimes

Kammerhofer, Jörg, and Jean d' Aspremont (eds.). 2014. International legal positivism in a post-modern world.

20 Pages Posted: 16 Feb 2017

See all articles by Dennis Patterson

Dennis Patterson

Rutgers University School of Law, Camden; University of Surrey - School of Law

Date Written: October 1, 2014

Abstract

This chapter takes up ‘post-modern positivism’ in the context of transnational law. The basic theme I shall develop is that transnational legal phenomena pose a strong challenge to post-modern positivism in that these phenomena problematise the notion of ‘validity’ that is central to positivism and post-modern positivism. I begin by explicating the notion of ‘positivism’. Here I sketch the basic features of the two leading positivist accounts of law, those of HLA Hart and Hans Kelsen. As I explain, despite the differences in their views, both Hart and Kelsen advance the same ‘model’ of a legal order, that is, one that is built from the bottom up. For each, the ‘bottom’ represents a norm that provides the foundation for a legal order.

Suggested Citation

Patterson, Dennis, Transnational Governance Regimes (October 1, 2014). Kammerhofer, Jörg, and Jean d' Aspremont (eds.). 2014. International legal positivism in a post-modern world. , Available at SSRN: https://ssrn.com/abstract=2917107

Dennis Patterson (Contact Author)

Rutgers University School of Law, Camden ( email )

Camden, NJ 08102-1203
United States
856-225-6369 (Phone)
856-751-8752 (Fax)

University of Surrey - School of Law ( email )

United Kingdom

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
65
Abstract Views
451
Rank
617,745
PlumX Metrics