Please use this identifier to cite or link to this item: https://hdl.handle.net/10419/287297 
Authors: 
Year of Publication: 
2021
Citation: 
[Journal:] Public Choice [ISSN:] 1573-7101 [Publisher:] Springer US [Place:] New York, NY [Year:] 2021 [Pages:] 1-13
Publisher: 
Springer US, New York, NY
Abstract: 
Rejecting all knowledge claims concerning right and wrong in matters practical James Buchanan concurred with legal positivism that invalid law cannot be identified by its substantive content but only by an inherited defect in its factual creation. Beyond correct creation Buchanan proposed as a quasi-natural law constraint that unanimity in the shadow of individual veto power must at least be conceivable if a norm is to be law. The emerging hybrid conception of constitutional law is symptomatic for Buchanan's never-ending but ultimately futile efforts to incorporate Kantian ideals of interpersonal respect into constitutional economics without imposing them as personal values.
Subjects: 
Buchanan
Kant
Kelsen
Rule of law
Legal positivism
Natural law
Persistent Identifier of the first edition: 
Creative Commons License: 
cc-by Logo
Document Type: 
Article
Document Version: 
Published Version

Files in This Item:
File
Size





Items in EconStor are protected by copyright, with all rights reserved, unless otherwise indicated.