Kelsenian Legal Science and the Nature of Law

Kelsenian Legal Science and the Nature of Law

This book critically examines the conception of legal science and the nature of law developed by Hans Kelsen.

Author: Peter Langford

Publisher: Springer

ISBN: 9783319518176

Category: Law

Page: 320

View: 316

This book critically examines the conception of legal science and the nature of law developed by Hans Kelsen. It provides a single, dedicated space for a range of established European scholars to engage with the influential work of this Austrian jurist, legal philosopher, and political philosopher. The introduction provides a thematization of the Kelsenian notion of law as a legal science. Divided into six parts, the chapter contributions feature distinct levels of analysis. Overall, the structure of the book provides a sustained reflection upon central aspects of Kelsenian legal science and the nature of law. Parts one and two examine the validity of the project of Kelsenian legal science with particular reference to the social fact thesis, the notion of a science of positive law and the specifically Kelsenian concept of the basic norm (Grundnorm). The next three parts engage in a critical analysis of the relationship of Kelsenian legal science to constitutionalism, practical reason, and human rights. The last part involves an examination of the continued pertinence of Kelsenian legal science as a theory of the nature of law with a particular focus upon contemporary non-positivist theories of law. The conclusion discusses the increasing distance of contemporary theories of legal positivism from a Kelsenian notion of legal science in its consideration of the nature of law.
Categories: Law

General Theory of Law and State

General Theory of Law and State

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.

Author: Hans Kelsen

Publisher: The Lawbook Exchange, Ltd.

ISBN: 9781584777175

Category: Law

Page: 516

View: 961

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.
Categories: Law

American Power and International Theory at the Council on Foreign Relations 1953 54

American Power and International Theory at the Council on Foreign Relations  1953 54

He had edited a volume just before joining the CFR on the work of legal theorist
Hans Kelsen.” In his introduction, Lipsky notes that Kelsen's project was to
eliminate the problem of natural law from the science of law. Natural law, for
Kelsen, ...

Author: David M McCourt

Publisher: University of Michigan Press

ISBN: 9780472131716

Category: Political Science

Page: 310

View: 912

Between December 1953 and June 1954, the elite think-tank the Council on Foreign Relations (CFR) joined prominent figures in International Relations, including Pennsylvania’s Robert Strausz-Hupé, Yale’s Arnold Wolfers, the Rockefeller Foundation’s William Thompson, government adviser Dorothy Fosdick, and nuclear strategist William Kaufmann. They spent seven meetings assessing approaches to world politics—from the “realist” theory of Hans Morgenthau to theories of imperialism of Karl Marx and V.I. Lenin—to discern basic elements of a theory of international relations. The study group’s materials are an indispensable window to the development of IR theory, illuminating the seeds of the theory-practice nexus in Cold War U.S. foreign policy. Historians of International Relations recently revised the standard narrative of the field’s origins, showing that IR witnessed a sharp turn to theoretical consideration of international politics beginning around 1950, and remained preoccupied with theory. Taking place in 1953–54, the CFR study group represents a vital snapshot of this shift. This book situates the CFR study group in its historical and historiographical contexts, and offers a biographical analysis of the participants. It includes seven preparatory papers on diverse theoretical approaches, penned by former Berkeley political scientist George A. Lipsky, followed by the digest of discussions from the study group meetings. American Power and International Theory at the Council on Foreign Relations, 1953–54 offers new insights into the early development of IR as well as the thinking of prominent elites in the early years of the Cold War.
Categories: Political Science

Hans Kelsen s Pure Theory of Law

Hans Kelsen s Pure Theory of Law

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.

Author: Lars Vinx

Publisher: Oxford University Press, USA

ISBN: 9780199227952

Category: Law

Page: 230

View: 490

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.
Categories: Law

Philosophy of Law

Philosophy of Law

In other words, Kelsen assumed in advance, as it were, that if a detachment view
of legality, one that makes legal ... of the nature of law.4 But now think about the
route that we are led to: If we are to explain what the law is—in particular, what
the ... So this is the opposite temptation that Kelsen was at pains to resist, the
temptation to reduce legal theory to sociology, or any other kind of a “natural
science.

Author: Andrei Marmor

Publisher: Princeton University Press

ISBN: 9780691163963

Category: Philosophy

Page: 184

View: 390

In Philosophy of Law, Andrei Marmor provides a comprehensive analysis of contemporary debates about the fundamental nature of law—an issue that has been at the heart of legal philosophy for centuries. What the law is seems to be a matter of fact, but this fact has normative significance: it tells people what they ought to do. Marmor argues that the myriad questions raised by the factual and normative features of law actually depend on the possibility of reduction—whether the legal domain can be explained in terms of something else, more foundational in nature. In addition to exploring the major issues in contemporary legal thought, Philosophy of Law provides a critical analysis of the people and ideas that have dominated the field in past centuries. It will be essential reading for anyone curious about the nature of law.
Categories: Philosophy

What is Justice

What is Justice

Kelsen, Hans. What is Justice? Justice, Law and Politics in the Mirror of Science. Berkeley: University of California Press, 1957. [vi], 397 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. ISBN 1-58477-101-1. Cloth.

Author: Hans Kelsen

Publisher: The Lawbook Exchange, Ltd.

ISBN: 9781584771012

Category: Law

Page: 397

View: 489

Kelsen, Hans. What is Justice? Justice, Law and Politics in the Mirror of Science. Berkeley: University of California Press, 1957. [vi], 397 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. ISBN 1-58477-101-1. Cloth. New. $95. * Through the lens of science, Kelsen proposes a dynamic theory of natural law, examines Platonic and Aristotelian doctrines of justice, the idea of justice as found in the holy scriptures, and defines justice as "...that social order under whose protection the search for truth can prosper. 'My' justice, then, is the justice of freedom, the justice of peace, the justice of democracy-the justice of tolerance." (p. 24).
Categories: Law

Hans Kelsen and the Natural Law Tradition

Hans Kelsen and the Natural Law Tradition

The demonstration of the logical contradictions of a theory of natural law provides
legal cognition with a rational basis for the ... of the natural sciences and theories
of natural law.5 From this position, the Kelsenian legal science of positive law.

Author: Peter Langford

Publisher: BRILL

ISBN: 9789004390393

Category: Philosophy

Page: 556

View: 267

Hans Kelsen and the Natural Law Tradition provides the first sustained examination of Hans Kelsen’s critical engagement, itself founded upon a distinctive theory of legal positivism, with the Natural Law Tradition.
Categories: Philosophy

Normativity and Norms

Normativity and Norms

Using newly translated papers and some of the best extant writings on Kelsen's theory, this volume covers topics including competing ideas on the nature of law, legal validity, legal powers and the unity of municipal and international law.

Author: Professor of Law and Professor of Philosophy Stanley L Paulson

Publisher: Oxford University Press

ISBN: 0198763158

Category: Law

Page: 627

View: 295

Using newly translated papers and some of the best extant writings on Kelsen's theory, this volume covers topics including competing ideas on the nature of law, legal validity, legal powers and the unity of municipal and international law.
Categories: Law

Legal Norms and Legal Science

Legal Norms and Legal Science

The factual sense of “ law ” receives stress wherever Kelsen contrasts the object
of legal science to that of natural law theory ( for example , GTLS , xv ; WJ , 235 -
238 ) . Generally , when Kelsen employs the predicate “ positive ” in conjunction ...

Author: Ronald Moore

Publisher: University of Hawaii Press

ISBN: STANFORD:36105043728968

Category: Law

Page: 234

View: 635

Categories: Law

Pure Theory of Law

Pure Theory of Law

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.

Author: Hans Kelsen

Publisher: The Lawbook Exchange, Ltd.

ISBN: 9781584775782

Category: Law

Page: 356

View: 661

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.
Categories: Law

Essays on Kelsen

Essays on Kelsen

To articulate this idea more fully , he has to regard legal science as made up of
general statements about lawlaws ' about law which are to be comparable
with the ' natural laws ' forming natural science in its various branches .

Author: Hans Kelsen

Publisher: Oxford University Press, USA

ISBN: STANFORD:36105043916027

Category: Jurisprudence

Page: 345

View: 566

This book presents papers that deal with Hans Kelsen's legal philosophy, and includes contributions from Hedley Bull, J.W. Harris, Phillip Pettit, Joseph Raz, Jes Bjarup, and Stanley L. Paulson.
Categories: Jurisprudence

Statutes and Statutory Construction

Statutes and Statutory Construction

organ of the state is ordered to set the legal machinery in motion and apply the
sanction as prescribed by law . " 32 The ... But Kelsen vigorously denies that the
similarity between legal and ethical oughts proceeds any farther . Legal ... 34 The
connective ought also serves to distinguish legal science from natural science .

Author: Norman J. Singer

Publisher:

ISBN: STANFORD:36105061266321

Category: Law

Page:

View: 128

SUBSCRIPTION CANCELLED 12/10 - NO LONGER UPDATED.
Categories: Law

International Encyclopedia of the Social Sciences

International Encyclopedia of the Social Sciences

In this sense, the nature known to the scientist is nothing but an object of
cognition "created" by the science of nature, ... Kelsen attempted to construct a
theory of law along Kantian lines which would enable legal science to come to
grips ...

Author:

Publisher:

ISBN:

Category:

Page:

View: 429

Categories:

Monograph Series in World Affairs

Monograph Series in World Affairs

systems of law are better regarded as coercive orders , to which not all agree but
with which most people are comfortable enough to obey . ... opposition to the
metaphysical doctrine of natural law and the pseudonatural scientific sociological
doctrine of law ” ( Kelsen 1949 : 29 ) . Legal positivism represents in law what the
behavioral approach does in political science ; it emphasizes the formulation of ...

Author:

Publisher:

ISBN: UOM:39015005428332

Category:

Page:

View: 278

Categories:

Qur an and Modern Jurisprudence

Qur an and Modern Jurisprudence

ultimate law of a legal system ; only it does not presuppose another norm from
which it derives its normativity . ... discussing Kelsen ' s theory , explains , “ The
unique nature of legal science is determined by its subjectmatter , law , and
Kelsen ...

Author: Mustafa Kamal Sherwani

Publisher:

ISBN: UOM:39015064835831

Category: Islamic law

Page: 429

View: 674

This Volume Has Been Divided Into Eleven Chapters, Each Dealing, To The Extant Possible, With Various Ideological Perceptions Of Jurisprudence, And Their Comparative Analysis With Qu`Ranic Injunctions.
Categories: Islamic law

Political Change

Political Change

Applying Kant ' s transcendental method to the science of law , Kelsen sought to
trace the pure form of law by ... He began by delimiting legal science against
politics , sociology , biology , psychology etc . , in order to avoid what he termed '
methodological syncretism ' . ... because it “ obscures the essence of the science
of law and obliterates the limits imposed upon it by the nature of its subject matter
” .

Author:

Publisher:

ISBN: UOM:39015074593719

Category: India

Page:

View: 248

Categories: India

Responsa meridiana

Responsa meridiana

Such a contention cannot of itself , however , vitiate the primary argument that the
study of law be seen as a science ... of the proposition that there is , in fact , little
to distinguish between the subject matter of legal science and the natural
sciences . ... H Kelsen : The Communist Theory of Law , Stevens & Sons Ltd 1955
at 43 .

Author:

Publisher:

ISBN: STANFORD:36105060548604

Category: Law

Page:

View: 618

Categories: Law

The Doctrine of the Legal Equality of States

The Doctrine of the Legal Equality of States

The latter , the very criterion applied by the doctrine of natural law , is expressly
left out of Kelsen ' s legal theory because legal science simply cannot say
anything about it . He therefore deliberately adopts a relative stand - point as
regards the ...

Author: Pieter Hendrik Kooijmans

Publisher:

ISBN: UOM:39015023093936

Category: Equality of states

Page: 260

View: 341

Categories: Equality of states

Hans Kelsen and Carl Schmitt

Hans Kelsen and Carl Schmitt

Author: Dan Diner

Publisher:

ISBN: STANFORD:36105028939804

Category: Law

Page: 192

View: 596

Proceedings of a conference on Kelsen and Schmitt held Jan. 5-6, 1997 in Tel Aviv and organized by the Max Planck Institute of European Legal History, Frankfurt/Main and the Institute for German History at Tel Aviv University.
Categories: Law

Asking the Law Question

Asking the Law Question

For Kelsen legal science could only be " pure ” if it limited the analysis of law to
law itself ... As has become apparent throughout this chapter , one thing which
those involved in the debate between natural law and positivism have in common
is ...

Author: Margaret Jane Davies

Publisher: Law Book Company for New South Wales Bar Association

ISBN: STANFORD:36105061109604

Category: Culture and law

Page: 308

View: 291

This Australian text provides students with accessible coverage of the central areas of the jurisprudence course. It examines: asking the law question; common law theory; positivism and natural law; legal service; critical legal studies; feminism; post-modernism; and deconstruction.
Categories: Culture and law