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  1. Reconciling Positivism and Realism: Kelsen and Habermas on Democracy and Human Rights.David Ingram - 2014 - Philosophy and Social Criticism 40 (3):237-267.
    It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that (...)
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