Pure Theory of Law

Author: Hans Kelsen

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584775785

Category: Law

Page: 356

View: 8057

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.
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General Theory of Law and State

Author: Hans Kelsen

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584777176

Category: Law

Page: 516

View: 1731

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.
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The Idea of a Pure Theory of Law

An Interpretation and Defence

Author: Christoph Kletzer

Publisher: Bloomsbury Publishing

ISBN: 1509913440

Category: Law

Page: 208

View: 8083

Most contemporary legal philosophers tend to take force to be an accessory to the law. According to this prevalent view the law primarily consists of a series of demands made on us; force, conversely, comes into play only when these demands fail to be satisfied. This book claims that this model should be jettisoned in favour of a radically different one: according to the proposed view, force is not an accessory to the law but rather its attribute. The law is not simply a set of rules incidentally guaranteed by force, but it should be understood as essentially rules about force. The book explores in detail the nature of this claim and develops its corollaries. It then provides an overview of the contemporary jurisprudential debates relating to force and violence, and defends its claims against well-known counter-arguments by Hart, Raz and others. This book offers an innovative insight into the concept of Pure Theory. In contrast to what was claimed by Hans Kelsen, the most eminent contributor to this theory, the author argues that the core insight of the Pure Theory is not to be found in the concept of a basic norm, or in the supposed absence of a conceptual relation between law and morality, but rather in the fundamental and comprehensive reformulation of how to model the functioning of the law intended as an ordering of force and violence.
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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: 2469

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.
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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: 3267

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Kelsen Revisited

New Essays on the Pure Theory of Law

Author: LuÃs Duarte d'Almeida,John Gardner,Leslie Green

Publisher: Bloomsbury Publishing

ISBN: 1782252479

Category: Law

Page: 298

View: 2884

Forty years after his death, Hans Kelsen (1881-1973) remains one of the most discussed and influential legal philosophers of our time. This collection of new essays takes Kelsen's Pure Theory of Law as a stimulus, aiming to move forward the debate on several central issues in contemporary jurisprudence. The essays in Part I address legal validity, the normativity of law, and Kelsen's famous but puzzling idea of a legal system's 'basic norm'. Part II engages with the difficult issues raised by the social realities of law and the actual practices of legal officials. Part III focuses on conceptual features of legal systems and the logical structure of legal norms. All the essays were written for this volume by internationally renowned scholars from seven countries. Also included, in English translation, is an important polemical essay by Kelsen himself.
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Reine Rechtslehre

Einleitung in die rechtswissenschaftliche Problematik

Author: Hans Kelsen

Publisher: Mohr Siebeck

ISBN: 9783161497032

Category: Law

Page: 181

View: 3372

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.
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Introduction to the Problems of Legal Theory

A Translation of the First Edition of the Reine Rechtslehre Or Pure Theory of Law

Author: Hans Kelsen,Bonnie Litschewski Paulson,Stanley L. Paulson

Publisher: Oxford University Press

ISBN: 0198265654

Category: Law

Page: 171

View: 1293

Hans Kelsen is considered to be one of the foremost legal theorists and philosophers of the twentieth century. His writing made an important contribution to many areas, especially those of legal theory and international law. Over a number of decades, he developed an important legal theory which found its first complete exposition in Reine Rechtslehre, or Pure Theory of Law, the first edition of which was published in Vienna in 1934. This is the first English translation of that work. It covers such topics as law and morality, the legal system and its hierarchical structure, the identity of law and state, and international law.
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General theory of norms

Author: Hans Kelsen

Publisher: Oxford University Press, USA

ISBN: N.A

Category: History

Page: 465

View: 2407

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.
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Was ist Gerechtigkeit?

[Was bedeutet das alles?]

Author: Hans Kelsen

Publisher: Reclam Verlag

ISBN: 3159610012

Category: Philosophy

Page: 72

View: 9341

Hans Kelsen erörtert In seinem kleinen, aber gewichtigen Aufsatz von 1953 die Frage nach Gerechtigkeit als Problem der Lösung von Interessen- und Wertkonflikten und als Problem der Rechtfertigung menschlichen Verhaltens: Absolute Gerechtigkeit, so Kelsen, kann es nicht geben, relative Gerechtigkeit aber führt immerhin zu Toleranz. Angesichts der Herausforderungen durch die Flüchtlingsströme der Gegenwart gewinnt diese Fragestellung über ihre grundsätzliche Bedeutung hinaus besondere Aktualität und Brisanz.
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Uncertainty in International Law

A Kelsenian Perspective

Author: Jörg Kammerhofer

Publisher: Routledge

ISBN: 1136939717

Category: Law

Page: 304

View: 3695

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.
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Law, Institution and Legal Politics

Fundamental Problems of Legal Theory and Social Philosophy

Author: Ota Weinberger

Publisher: Springer Science & Business Media

ISBN: 9401134588

Category: Philosophy

Page: 276

View: 7900

It gives me great pleasure to offer this foreword to the present work of my admired friend and respected colleague Ota Weinberger. Apart from the essays of his which were published in our joint work An Institutional Theory of Law: New Approaches to Legal Positivism in 1986, relatively little of Wein berger's work is available in English. This is the more to be regretted, since his is work of particular interest to jurists of the English-speaking world both in view of its origins and in respect of its content As to its origins, Weinberger war reared as a student of the Pure Theory of Law, a theory which in its Kelsenian form has aroused very great interest and has had considerable influence among anglophoone scholars -perhaps even more than in the Germanic countries. Less well known is the fact that the Pure Theory itself divided into two schools, that of Vienna and that of Brno. It was in the Brno school of Frantisek Weyr that Weinberger's legal theory found its early formation, and perhaps from that early influence one can trace his continuing insistence on the dual character of legal norms -both as genuinely normative and yet at the same time having real social existence.
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Law, Pragmatism, and Democracy

Author: Richard A. Posner

Publisher: Harvard University Press

ISBN: 9780674042292

Category: Law

Page: 416

View: 7665

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.
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Law and Politics

A Dilemma for Contemporary Legal Theory

Author: Mauro Zamboni

Publisher: Springer Science & Business Media

ISBN: 3540739262

Category: Law

Page: 166

View: 668

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.
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