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Die Reine Rechtslehre Auf Dem Prufstand Hans Kelsens Pure Theory Of Law Conceptions And Misconceptions
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Author :International Association for Philosophy of Law and Social Philosophy. Deutsche Sektion. Tagung Publisher : ISBN 13 :9783515125680 Total Pages :0 pages Book Rating :4.1/5 (256 download)
Book Synopsis Die Reine Rechtslehre auf dem Prüfstand by : International Association for Philosophy of Law and Social Philosophy. Deutsche Sektion. Tagung
Download or read book Die Reine Rechtslehre auf dem Prüfstand written by International Association for Philosophy of Law and Social Philosophy. Deutsche Sektion. Tagung and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Die Reine Rechtslehre Auf Dem Prüfstand/ Hans Kelsen's Pure Theory of Law: Conceptions and Misconceptions by : Matthias Jestaedt
Download or read book Die Reine Rechtslehre Auf Dem Prüfstand/ Hans Kelsen's Pure Theory of Law: Conceptions and Misconceptions written by Matthias Jestaedt and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Research Methods in International Law by : Deplano, Rossana
Download or read book Research Methods in International Law written by Deplano, Rossana and published by Edward Elgar Publishing. This book was released on 2021-07-31 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely Handbook contains a wide-ranging overview of the diverse research methods used within international law. Providing an insightful examination of how international legal knowledge is analysed and adopted, this Handbook offers the reader a deeper understanding on the role and place of research methods in international legal theory, reasoning and practice.
Book Synopsis Hans Kelsen's Normativism by : Carsten Heidemann
Download or read book Hans Kelsen's Normativism written by Carsten Heidemann and published by Cambridge University Press. This book was released on 2022-03-03 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hans Kelsen's Pure Theory of Law is the most prominent example of legal normativism. This text traces its origins and its genesis. In philosophy, normativism started with Hume's distinction between Is- and Ought-propositions. Kant distinguished practical from theoretical judgments, while resting even the latter on normativity. Following him, Lotze and the Baden neo-Kantians instrumentalized normativism to secure a sphere of knowledge which is not subject to the natural sciences. Even in his first major text, Kelsen claims that law is solely a matter of Ought or normativity. In the second phase of his writings, he places himself into the neo-Kantian tradition, holding legal norms to be Ought-judgments of legal science. In the third phase, he advocates a barely coherent naive normative realism. In the fourth phase, he supplements the realist view with a strict will-theory of norms, coupled with set-pieces from linguistic philosophy; classical normativism is more or less dismantled.
Download or read book Pure Theory of Law written by Hans Kelsen and published by Peter Smith Publisher. This book was released on 1989 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The present work is a translation of the second German edition of Hans Kelsen's Reine Rechtslehre, published in 1960, a completely revised version of the first edition, published in 1934. In the first edition Kelsen confined himself to formulate the characteristic results of his Pure Theory of Law. In the second edition he attempts to solve the fundamental problems of a general theory of law according to the principles of methodological purity of jurisprudential cognition and to determine to a greater extent than before the position of the science of law in the system of the sciences." - from the translator's preface, p. v.
Book Synopsis International Legal Positivism in a Post-Modern World by : Jörg Kammerhofer
Download or read book International Legal Positivism in a Post-Modern World written by Jörg Kammerhofer and published by Cambridge University Press. This book was released on 2014-10-06 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Legal Positivism in a Post-Modern World provides fresh perspectives on one of the most important and most controversial families of theoretical approaches to the study and practice of international law. The contributors include leading experts on international legal theory who analyse and criticise positivism as a conceptual framework for international law, explore its relationships with other approaches and apply it to current problems of international law. Is legal positivism relevant to the theory and practice of international law today? Have other answers to the problems of international law and the critique of positivism undermined the positivist project and its narratives? Do modern forms of positivism, inspired largely by the theoretically sophisticated jurisprudential concepts associated with Hans Kelsen and H. L. A. Hart, remain of any relevance for the international lawyer in this 'post-modern' age? The authors provide a wide variety of views and a stimulating debate about this family of approaches.
Book Synopsis The Austrian Revolution by : Otto Bauer
Download or read book The Austrian Revolution written by Otto Bauer and published by . This book was released on 1925 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Relativism and Religion by : Carlo Invernizzi Accetti
Download or read book Relativism and Religion written by Carlo Invernizzi Accetti and published by Columbia University Press. This book was released on 2015-11-10 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Moral relativism is deeply troubling for those who believe that, without a set of moral absolutes, democratic societies will devolve into tyranny or totalitarianism. Engaging directly with this claim, Carlo Invernizzi Accetti traces the roots of contemporary anti-relativist fears to the antimodern rhetoric of the Catholic Church and then rescues a form of philosophical relativism for modern, pluralist societies, arguing that this viewpoint provides the firmest foundation for an allegiance to democracy. In his analyses of the relationship between religious arguments and political authority and the implications of philosophical relativism for democratic theory, Accetti makes a far-ranging contribution to contemporary debates over the revival of religion in politics and the conceptual grounds for a commitment to democracy. He presents the first comprehensive genealogy of anti-relativist discourse and reclaims for English-speaking readers the overlooked work of Hans Kelsen on the connection between relativism and democracy. By engaging with contemporary attempts to replace the religious foundation of democratic values with a neo-Kantian conception of reason, Accetti also makes a powerful case for relativism as the best basis for a civic ethos that integrates different perspectives into democratic politics.
Book Synopsis The Theory, Practice and Interpretation of Customary International Law by : Panos Merkouris
Download or read book The Theory, Practice and Interpretation of Customary International Law written by Panos Merkouris and published by Cambridge University Press. This book was released on 2022-05-26 with total page 647 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides an in-depth study of the theory, history, practice, and interpretation of customary international law.
Book Synopsis Normativity and Norms by : Stanley L. Paulson
Download or read book Normativity and Norms written by Stanley L. Paulson and published by Oxford University Press. This book was released on 1998 with total page 820 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Essays in Legal Philosophy by : Eugenio Bulygin
Download or read book Essays in Legal Philosophy written by Eugenio Bulygin and published by Oxford University Press, USA. This book was released on 2015 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eugenio Bulygin is a distinguished representative of legal science and legal philosophy. His essays, several written together with Carlos E. Alchourron, reflect the genre familiar from Alf Ross's On Law and Justice, Hans Kelsen's Pure Theory of Law, and Georg Henrik von Wright's Norm and Action. Bulygin's wide-ranging interests include most of the topics found under the rubric of analytical jurisprudence - interpretation and judicial reasoning, validity and efficacy of law, legal positivism and the problem of normativity, completeness and consistency of the legal system, the nature of legal norms, and the role of deontic logic in the law.
Book Synopsis The Political Theory of Bolshevism by : Hans Kelsen
Download or read book The Political Theory of Bolshevism written by Hans Kelsen and published by The Lawbook Exchange, Ltd.. This book was released on 2007 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt: THE CONTRADICTORY NATURE OF COMMUNIST GOVERNMENT Written during a tense period of the Cold War, this study observed that Bolshevism was a system that embraces anarchism in theory and totalitarianism in practice. In order to survive the Bolshevist state must obliterate the potentially destabilizing forces inherent in democracy through a party dictatorship that is presented as the political self-determination of a free people. "A deep-cutting analysis of some of the fundamental contradictions in Communist theory and practice, particularly in regard to democracy and the dictatorial function of the state." --Foreign Affairs 27 (1948-49) 679 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. He was the author of more than forty books on law and legal philosophy. 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.
Book Synopsis International Investment Law and Legal Theory by : Jörg Kammerhofer
Download or read book International Investment Law and Legal Theory written by Jörg Kammerhofer and published by Cambridge University Press. This book was released on 2021-05-06 with total page 391 pages. Available in PDF, EPUB and Kindle. Book excerpt: A theoretical analysis of the structure of expropriation in investment law, investigating the foundations for contemporary scholarship and practice.
Download or read book What is Justice? written by Hans Kelsen and published by The Lawbook Exchange, Ltd.. This book was released on 2000 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).
Download or read book Law and Mind written by Bartosz Brożek and published by Cambridge University Press. This book was released on 2021-04-29 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a novel look at the intricate relationship between the cognitive sciences and various dimensions of the law.
Book Synopsis Uncertainty in International Law by : Jörg Kammerhofer
Download or read book Uncertainty in International Law written by Jörg Kammerhofer and published by Routledge. This book was released on 2010-07-12 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Legal Validity and Soft Law by : Pauline Westerman
Download or read book Legal Validity and Soft Law written by Pauline Westerman and published by Springer. This book was released on 2018-12-05 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book features essays that investigate the nature of legal validity from the point of view of different traditions and disciplines. Validity is a fascinating and elusive characteristic of law that in itself deserves to be explored, but further investigation is made more acute and necessary by the production, nowadays, of soft law products of regulation, such as declarations, self-regulatory codes, and standardization norms. These types of rules may not exhibit the characteristics of formal law, and may lack full formal validity but yet may have a very real impact on people's lives. The essays focus on the structural properties of hard and soft legal phenomena and the basis of their validity. Some propose to redefine validity: to allow for multiple concepts instead of one and/or to allow for a gradual concept of validity. Others seek to analyze the new situation by linking it to familiar historical debates and well-established theories of law. In addition, coverage looks at the functions of validity itself. The discussion considers both international law as well as domestic law arrangements. What does it mean to say that something is valid? Should we discard validity as the determining aspect of law? If so, what does this mean for our concept of law? Should we differentiate between kinds of validity? Or, can we say that rules can be "more" or "less" valid? After reading this book, practitioners, scholars and students will have a nuanced understanding of these questions and more. Chapter 6 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
