One of the peculiarities of the divide between the Anglo American world and that of Continental Europe is that positivism has taken two different forms. In the Anglo-American world, H.L.A. Hart is the key figure and the Concept of Law has taken on an extraordinary importance. On the Continent, however, Hans Kelsen is the most important positivist.
One important question is why there should be this divide. At first glance, it seems like an example of prejudice or chauvinism – each area prefers its own. Of course, people on each side might argue that their champion really is better – but that begs the question why each side so strongly prefers its own figure.
While I have read Hart, I have only read small portions of Kelsen. But reading this much of Kelsen reveals that his writing is in the style of much continental philosophy, which makes it quite hard for Anglo-Americans to understand (apart from translation problems). Continental writing, especially from the German speaking countries, is often filled with abstract language that is hard to understand, and to people from the Anglo-American world, often comes across as vacuous.
I have often wondered about this aspect of Continental writing when reading Friedrich Hayek, whose works I know quite well. For example, his discussion of a spontaneous order is an important advance, but it is often vague and unclear. It has taken many subsequent articles, by Anglo-American types and economists, to clarify it. I can’t tell you how many times I have been reading Hayek and have thought, “an example would really help here,” but rarely is one provided.