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Full Description
This book examines how Gustav Radbruch, H.L.A. Hart, and Ernst-Wolfgang Böckenförde each addressed the question of the end of law, its function, and its normative foundation within the context of the modern legal and political order. Through a politico-theological reading, it highlights the tension between legal validity and moral legitimacy, as well as the extent to which law can maintain public order without compromising its own claim to justice.
The analysis of Radbruch, Hart, and Böckenförde sheds light on how valid law can become unjust, demanding actions that may conflict with individual judgment or morality. It raises questions about natural law, the relationship between morality and law, and law's ultimate purpose, suggesting that law and politics represent, at best, a relative good. It addresses the broader crisis of legal authority and state sovereignity, the expanding reach of state power, and whether law should instruct, command, or ultimately point beyond itself.
The End of the Law is of interest to scholars in legal theory, political theology, and the philosophy of law.
Contents
Preface, Introduction, Chapter One: Beyond Judgement: Gustav Radbruch and the Relativization of Law, Chapter Two: Beyond Survival: H.L.A Hart and the Minimum Content of Natural Law, Chapter Three: Beyond the Polis, Ernst-Wolfgang Böckenförde and the Crisis of Sovereignty, Chapter Four; Conclusion, Biobliography.
