Pure Theory of Law


Author: Hans Kelsen
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584775785
Category: Law
Page: 356
View: 3125
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Kelsen, Hans. Pure Theory of Law. Translation from the Second German Edition by Max Knight. Berkeley: University of California Press, 1967. x, 356 pp. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-578-5. Paperbound. $36.95 * Second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College.Also available in cloth.

General Theory of Law and State


Author: Hans Kelsen
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584777176
Category: Law
Page: 516
View: 3869
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Reprint of the first edition. This classic work by the important Austrian jurist is the fullest exposition of his enormously influential pure theory of law, which includes a theory of the state. It also has an extensive appendix that discusses the pure theory in comparison with the law of nature, positivism, historical natural law, metaphysical dualism and scientific-critical philosophy. "The scope of the work is truly universal. It never loses itself in vague generalities or in unconnected fragments of thought. On the contrary, precision in the formulation of details and rigorous system are characteristic features of the exposition: only a mind fully concentrated upon that logical structure can possibly follow Kelsen's penetrating analysis. Such a mind will not shrink from the effort necessary for acquainting itself with...the pure theory of law in its more general aspects, and will then pass over to the theory of the state which ends up with a carefully worked out theory of international law." Julius Kraft, American Journal of International Law 40 (1946):496.

Hans Kelsen's Pure Theory of Law

Legality and Legitimacy
Author: Lars Vinx
Publisher: Oxford University Press, USA
ISBN: 0199227950
Category: Law
Page: 230
View: 6648
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By showing how Kelsen's theory of law works alongside his political philosophy, the book shows the Pure Theory to be part of a wider attempt to understand how political power can be legitimately exercised in pluralist societies.

Reine Rechtslehre

Einleitung in die rechtswissenschaftliche Problematik
Author: Hans Kelsen
Publisher: Mohr Siebrek Ek
ISBN: 9783161497032
Category: Law
Page: 181
View: 9377
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Die von Hans Kelsen im Jahre 1934 vorgelegte "Reine Rechtslehre" gehört zu den rechtstheoretischen Schlüsselschriften des 20. Jahrhunderts. In ihr entwickelt Kelsen erstmals systematisch seine einerseits das Recht von der Moral, andererseits die Norm vom Faktum konsequent scheidende, ideologiekritische Rechtstheorie. Wer auf der Höhe der Zeit über Struktur und Geltung von Recht und die Eigenart von Rechtswissenschaft, kurz: wer über das Rechtliche am Recht nachdenken will, kommt an der "Reine[n] Rechtslehre" nicht vorbei. Die Erstauflage der "Reine[n] Rechtslehre", die weltweit in rund ein Dutzend Sprachen übersetzt worden ist, wurde in deutscher Sprache mehrfach nachgedruckt, ist indes derzeit vergriffen. Sie wird hier in Gestalt einer Studienausgabe vorgelegt, die am Recht Interessierte zum Hineinlesen ermutigen und zum kritischen Nach- und Weiterdenken einladen möchte.

Reine Rechtslehre

Einleitung in die rechtswissenschaftliche Problematik
Author: Hans Kelsen,Stanley L. Paulson,Robert Walter
Publisher: Scientia Verlag Und Antiquariat
ISBN: 9783511092559
Category: Law
Page: 236
View: 6595
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Kelsen's 'Pure theory of law' was first presented in his fundamental work Hauptprobleme des Staatsrechtlehre (1911) and continued in both editions of Reine Rechtslehre (1934, 1958). Historically, it has a certain relation to John Austin's 'analytical jurisprudence', although Kelsen became acquainted with Austin's work for the first time in 1940. The 'pure theory of law' is a formal-logical analysis of law, considered as a system of norms, based philosophically on the strict distinction between 'is' and 'ought'. It is a normative and positive doctrine, opposed both to positivism, showing the limitations of the positivistic approach, the whole legal order. His positivism is a formal analysis of the legal norm, of its elements and of the architecture of the legal order. Kelsen's concentration on the form of law recognizes the legitimacy of sociological investigations and the study of values in reference both to the contents and the making of law. Equally, his philosophical relativism of values is entirely compatible with his strong stand for democracy and the ideals of western culture. German text.

Legal norms and legal science

a critical study of Kelsen's pure theory of law
Author: Ronald Moore
Publisher: Univ of Hawaii Pr
ISBN: N.A
Category: Law
Page: 234
View: 6440
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General theory of norms


Author: Hans Kelsen
Publisher: Oxford University Press, USA
ISBN: N.A
Category: History
Page: 465
View: 3252
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Hans Kelsen is considered by many to be the foremost legal thinker of the twentieth century. During the last decade of his life he was working on what he called a general theory of norms. Published posthumously in 1979 as Allgemeine Theorie der Normen, the book is here translated for the first time into English. Kelsen develops his "pure theory of law" into a "general theory of norms", and analyzes the applicability of logic to norms to offer an original and extreme position which some have called "normative irrationalism". Examining the views of over 200 philosophers and legal theorists on law, morality, and logic, and revising several of his own earlier positions, Kelsen's final work is a mandatory resource for legal and moral philosophers.

Reine Rechtslehre

Einleitung in die rechtswissenschaftliche Problematik
Author: Hans Kelsen
Publisher: Mohr Siebeck
ISBN: 9783161497032
Category: Law
Page: 181
View: 5275
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Die von Hans Kelsen im Jahre 1934 vorgelegte "Reine Rechtslehre" gehört zu den rechtstheoretischen Schlüsselschriften des 20. Jahrhunderts. In ihr entwickelt Kelsen erstmals systematisch seine einerseits das Recht von der Moral, andererseits die Norm vom Faktum konsequent scheidende, ideologiekritische Rechtstheorie. Wer auf der Höhe der Zeit über Struktur und Geltung von Recht und die Eigenart von Rechtswissenschaft, kurz: wer über das Rechtliche am Recht nachdenken will, kommt an der "Reine[n] Rechtslehre" nicht vorbei. Die Erstauflage der "Reine[n] Rechtslehre", die weltweit in rund ein Dutzend Sprachen übersetzt worden ist, wurde in deutscher Sprache mehrfach nachgedruckt, ist indes derzeit vergriffen. Sie wird hier in Gestalt einer Studienausgabe vorgelegt, die am Recht Interessierte zum Hineinlesen ermutigen und zum kritischen Nach- und Weiterdenken einladen möchte.

Law, Pragmatism, and Democracy


Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 9780674042292
Category: Law
Page: 416
View: 9738
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Richard Posner argues for a conception of the liberal state based on pragmatic theories of government. He views the actions of elected officials as guided by interests rather than by reason and the decisions of judges by discretion rather than by rules. He emphasizes the institutional and material, rather than moral and deliberative, factors in democratic decision making. Posner argues that democracy is best viewed as a competition for power by means of regular elections. Citizens should not be expected to play a significant role in making complex public policy regarding, say, taxes or missile defense.

Law and Politics

A Dilemma for Contemporary Legal Theory
Author: Mauro Zamboni
Publisher: Springer Science & Business Media
ISBN: 3540739262
Category: Law
Page: 166
View: 3156
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This book reconstructs and classifies, according to ideal-typical models, the different positions taken by the major contemporary legal theories as to whether and how law relates to politics. It presents a possible explanation as to why different legal theories, though often reaching diametric results, somehow must still begin from common basic points.

Jurisprudenz Und Rechtsphilosophie: Kritische Abhandlungen;


Author: Carl Bergbohm
Publisher: Wentworth Press
ISBN: 9780270409475
Category: Law
Page: 586
View: 4591
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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Published Essays, 1922-1928


Author: Eric Voegelin
Publisher: University of Missouri Press
ISBN: 9780826214423
Category: Philosophy
Page: 362
View: 2878
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This volume of The Collected Works contains essays that were published by Voegelin from 1922 to 1928, the period immediately following his doctoral studies and including a two-year study trip to the United States. They trace his intellectual formation in the 1920s, which resulted in a critique of political science conceived of in exclusively legal terms, and a move toward one that examines the substratum of ideas and structures that provide the meaningful unit of a given political society. In light of his study trip to the United States, many of the essays reflect the theoretical and practical concerns he examined while there. Just as important, they also show how his experiences abroad amplified the direction his thinking took once he was removed from the tutelage of Hans Kelsen, one of his doctoral advisers. Voegelin viewed this trip as a turning point in his own intellectual development. Therefore, these essays reflect the growth of this outstanding scholar who was just beginning not only his career, but also an intellectual journey. This journey helped to crystallize and bring forth fundamental reformations of his science, brought on by the new perspective and approaches he experienced abroad. The topics of the essays range from the highly speculative--theories of state form, the science of Max Weber, the sociology of knowledge, Humean sociology, time and economy, and Kelsen's pure theory of law--to more pragmatic questions such as procedures for amending the American constitution, the workings of the U.S. Federal Reserve Board, class conflict in the United States, and a fascinating account of the deliberations by the French National Assembly that led to the 1789 Declaration of the Rights of Man. This volume is key in exemplifying the movements in Voegelin's career--from a student to a scholar in his own right. These essays illustrate the works of a thinker in the midst of a crucial transformation of the principles of his science.

Uncertainty in International Law

A Kelsenian Perspective
Author: Jörg Kammerhofer
Publisher: Routledge
ISBN: 1136939717
Category: Law
Page: 304
View: 2804
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Re-engaging with the Pure Theory of Law developed by Hans Kelsen and the other members of the Viennese School of Jurisprudence, this book looks at the causes and manifestations of uncertainty in international law. It considers both epistemological uncertainty as to whether we can accurately perceive norms in international law, and ontological problems which occur inter alia where two or more norms conflict. The book looks at these issues of uncertainty in relation to the foundational doctrines of public international law, including the law of self-defence under the United Nations Charter, customary international law, and the interpretation of treaties. In viewing international law through the lens of Kelsen’s theory Jörg Kammerhofer demonstrates the importance of the theoretical dimension for the study of international law and offers a critique of the recent trend towards pragmatism and eclecticism in international legal scholarship. The unique aspect of the monograph is that it is the only book to apply the Pure Theory of Law as theoretical approach to international law, rather than simply being a piece of intellectual history describing it. This book will of great interest to students and scholars of public international law, legal theory and jurisprudence.

The Legal Theory of Carl Schmitt


Author: Mariano Croce,Andrea Salvatore
Publisher: Routledge
ISBN: 1136220666
Category: Law
Page: 204
View: 8413
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The Legal Theory of Carl Schmitt provides a detailed analysis of Schmitt’s institutional theory of law, mainly developed in the books published between the end of the 1920s and the beginning of the 1930s. By reading Schmitt’s overall work through the lens of his institutional turn, the authors offer a strikingly different interpretation of Schmitt’s theory of politics, law and the relation between these two domains. The book argues that Schmitt’s adhesion to legal institutionalism was a key theoretical achievement, based on serious reconsideration of the main flaws of his own decisionist paradigm, in the light of the French and Italian institutional theories of law. In so doing, the authors elucidate how Schmitt was able to unravel many of the impasses that affected his previous conceptual framework. The authors also make comparisons between Schmitt and other leading legal theorists (H. Kelsen, M. Hauriou, S. Romano and C. Mortati) and explain why the current legal debate should take into serious account his legacy.

Research Handbook on the Theory and History of International Law


Author: Alexander Orakhelashvili
Publisher: Edward Elgar Publishing
ISBN: 0857933086
Category: Law
Page: 560
View: 1300
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This pioneering Research Handbook with contributions from renowned experts, provides a comprehensive scholarly framework for analyzing the theory and history of international law. Given the multiplication of theoretical approaches over the last three decades, and attendant fragmentation of scholarly efforts, this edited collection presents a useful doctrinal platform that will help academics and students to see the theory and history of international law in its entirety, and to understand how interdependent various aspects of the theory and history of international law really are. Being the first comprehensive analysis of theory and history of international law, this unique book will be of great benefit to academics and students of international politics, ethics and philosophy.

An Institutional Theory of Law

New Approaches to Legal Positivism
Author: N. MacCormick,Ota Weinberger
Publisher: Springer Science & Business Media
ISBN: 9401577277
Category: Philosophy
Page: 229
View: 8283
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Interpretation in International Law


Author: Andrea Bianchi,Daniel Peat,Matthew Windsor
Publisher: OUP Oxford
ISBN: 0191038709
Category: Law
Page: 380
View: 4609
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International lawyers have long recognised the importance of interpretation to their academic discipline and professional practice. As new insights on interpretation abound in other fields, international law and international lawyers have largely remained wedded to a rule-based approach, focusing almost exclusively on the Vienna Convention on the Law of Treaties. Such an approach neglects interpretation as a distinct and broader field of theoretical inquiry. Interpretation in International Law brings international legal scholars together to engage in sustained reflection on the theme of interpretation. The book is creatively structured around the metaphor of the game, which captures and illuminates the constituent elements of an act of interpretation. The object of the game of interpretation is to persuade the audience that one's interpretation of the law is correct. The rules of play are known and complied with by the players, even though much is left to their skills and strategies. There is also a meta-discourse about the game of interpretation - 'playing the game of game-playing' - which involves consideration of the nature of the game, its underlying stakes, and who gets to decide by what rules one should play. Through a series of diverse contributions, Interpretation in International Law reveals interpretation as an inescapable feature of all areas of international law. It will be of interest and utility to all international lawyers whose work touches upon theoretical or practical aspects of interpretation.

Public Law and Politics

The Scope and Limits of Constitutionalism
Author: Emilios A. Christodoulidis,Stephen Tierney
Publisher: Ashgate Publishing, Ltd.
ISBN: 9780754673637
Category: Law
Page: 224
View: 2751
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In a critical engagement with the function of public law and constitutionalism in its political dimensions, this volume brings together the reflections of three leading constitutionalists: Martin Loughlin, James Tully and Frank Michelman. Comprising three critical commentaries on each, it addresses the multiple ways in which public law is implicated in the logic of rule.

Selected Book Reviews


Author: Eric Voegelin
Publisher: University of Missouri Press
ISBN: 9780826263957
Category: Literary Criticism
Page: 209
View: 3983
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"This volume of The Collected Works contains essays published by Eric Voegelin between 1929 and 1933, the period between the publication of his first book, On the Form of the American Mind, and Hitler's rise to power, as well as Voegelin's two books analyzing the explosive race issues posed by National Socialism. The essays herein reflect the intellectual and political tumult of the period and their author's maturing grasp of political reality as he moved away from positivism and Kelsen's "Pure Theory of Law" toward a more refined and open philosophical stance. The heart of this shift is signaled by his emphasis on philosophical anthropology and on the decisive importance of the moral substance basic to political communities." "The topics of the essays are grouped around major themes in sociological theory, political science, and the theory of law. They illuminate the theoretical and practical impact of Voegelin's experiences in America as he increasingly engages European theories of state, especially the social theories of leading French and German scholars. In content, these essays include such pragmatic concerns as American theories of property, economic transactions, due process of law, and Austrian constitutional reforms." --Book Jacket.

The pure theory of law, by William Ebenstein


Author: William Ebenstein
Publisher: N.A
ISBN: N.A
Category: Law
Page: 211
View: 2135
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