Law as a Leap of Faith

John Gardner

in Law as a Leap of Faith

Published in print September 2012 | ISBN: 9780199695553
Published online January 2013 | e-ISBN: 9780191741296 | DOI:
Law as a Leap of Faith

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This chapter pursues two comparisons: a comparison between the religious believer's presupposition of God's existence and the lawyer's presupposition of the bindingness of the first constitution; and a comparison between Søren Kierkegaard's philosophy of religion and Hans Kelsen's philosophy of law. Although both exercises throw up some important disanalogies, there are also many valuable lessons, especially concerning the intellectual fate of the tradition known as ‘legal positivism’. The chapter introduces several themes of the book, and sets the tone of the book, by casting doubt on the widely drawn distinction between legal positivism and ‘natural law’ theory.

Keywords: God; omnipotence; omniscience; presupposition; constitution; basic norm; Kierkegaard; Kelsen

Chapter.  7129 words. 

Subjects: Jurisprudence and Philosophy of Law

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