Hans Kelsens Normativism

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Hans Kelsen's Normativism

Author : Carsten Heidemann
Publisher : Cambridge University Press
ISBN 13 : 1009007599
Total Pages : 153 pages
Book Rating : 4.0/5 (9 download)

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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.

Why Grundnorm?

Author : Uta Bindreiter
Publisher : Springer Science & Business Media
ISBN 13 : 9789041118677
Total Pages : 268 pages
Book Rating : 4.1/5 (186 download)

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Book Synopsis Why Grundnorm? by : Uta Bindreiter

Download or read book Why Grundnorm? written by Uta Bindreiter and published by Springer Science & Business Media. This book was released on 2002-12-31 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who presupposes Kelsen's basic norm? Is it possible to defend the presupposition in a way that is convincing? And what difference does the presupposition make? Endeavouring to highlight the role of basic assumptions in the law, the author argues that the verb "to presuppose', with Kelsen, has not only a conceptual but also a normative dimension; and that the expression 'presupposing the basic norm'is adequate in so far as it marks the descriptive-normative nature of utterances made in specifically legal speech-situations. Addressed to legal theorists in general, the treatise purports to show that Kelsen's doctrine lends itself to an interpretation according to which the very act of "presupposing" the Grundnorm can be understood as a Grund, i.e. normative source of all positive law; and, what is more, that this interpretation admits of addressing the issue of the (formal) legitimacy of supra-national and directly applicable rules and other norms.

Pure Theory of Law

Author : Hans Kelsen
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584775785
Total Pages : 366 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis Pure Theory of Law by : Hans Kelsen

Download or read book Pure Theory of Law written by Hans Kelsen and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of the 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.

Explaining the Normative

Author : Stephen P. Turner
Publisher : John Wiley & Sons
ISBN 13 : 0745654533
Total Pages : 334 pages
Book Rating : 4.7/5 (456 download)

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Book Synopsis Explaining the Normative by : Stephen P. Turner

Download or read book Explaining the Normative written by Stephen P. Turner and published by John Wiley & Sons. This book was released on 2013-05-02 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Normativity is what gives reasons their force, makes words meaningful, and makes rules and laws binding. It is present whenever we use such terms as ‘correct,' ‘ought,' ‘must,' and the language of obligation, responsibility, and logical compulsion. Yet normativists, the philosophers committed to this idea, admit that the idea of a non-causal normative realm and a body of normative objects is spooky. Explaining the Normative is the first systematic, historically grounded critique of normativism. It identifies the standard normativist pattern of argument, and shows how this pattern depends on circularities, assumptions about the unique correctness of preferred descriptions, problematic transcendental arguments, and regress arguments that end in mysteries. The book considers in detail a paradigm case: legal normativity as constructed by Hans Kelsen. This case exemplifies the problems with normativist arguments. But it also shows how normativism was constructed as an alternative to ordinary social science explanation. The normativist argument is that social science explanations themselves are forced to rely on normative conceptsÑminimally, on normative rationality and on a normative view of ‘concepts' themselves. Empathic understanding of the reasoning and meanings of others, however, can solve the regress problems about meaning and rationality that are central to the appeal of normativism. This account has no need for a parallel normative world, and has a surprising and revealing lineage in the history of philosophy, as well as a basis in neuroscience.

Explaining the Normative

Author : Stephen P. Turner
Publisher : John Wiley & Sons
ISBN 13 : 0745654533
Total Pages : 334 pages
Book Rating : 4.7/5 (456 download)

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Book Synopsis Explaining the Normative by : Stephen P. Turner

Normativity and Norms

Author : Stanley L. Paulson
Publisher : Oxford University Press
ISBN 13 : 9780198763154
Total Pages : 820 pages
Book Rating : 4.7/5 (631 download)

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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.

Essays in Legal and Moral Philosophy

Author : H. Kelsen
Publisher : Springer Science & Business Media
ISBN 13 : 940102653X
Total Pages : 328 pages
Book Rating : 4.4/5 (1 download)

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Book Synopsis Essays in Legal and Moral Philosophy by : H. Kelsen

Download or read book Essays in Legal and Moral Philosophy written by H. Kelsen and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: In his choice of texts, the Editor has been faced with the difficult task of selecting, from among the author's more than 600 publications, those of the greatest philosophical interest. It is chiefly the topics of value-rela tivism and the logic of norms that have been kept in view. The selection has also been guided by the endeavour to reprint, so far as possible, texts which have not hitherto appeared in English. At times, however, this aim has had to be discarded, in order to include works of key im portance and also the latest expressions of Kelsen's view. In addition to the two topics already mentioned, the Editor has con sidered Kelsen's discussions of the causal principle to be so far worthy of philosophical attention, that some writings on causality and account ability have been included in this collection of philosophical studies. OTA WEINBERGER Hans Kelsen died on April 19th, 1973. Only his work now lives, for the inspiration of future generations of jurists and philosophers. Graz, 25th April, 1973 OT A WEINBERGER TRANSLATOR'S NOTE I am obliged to the Editor for his careful scrutiny of the translation, which has led to a number of corrections and improvements in the text.

Vienna Lectures on Legal Philosophy, Volume 2

Author : Christoph Bezemek
Publisher : Bloomsbury Publishing
ISBN 13 : 1509935916
Total Pages : 403 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Vienna Lectures on Legal Philosophy, Volume 2 by : Christoph Bezemek

Download or read book Vienna Lectures on Legal Philosophy, Volume 2 written by Christoph Bezemek and published by Bloomsbury Publishing. This book was released on 2020-07-23 with total page 403 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second volume of the Vienna Lectures on Legal Philosophy series presents 11 chapters which are dedicated to normativist and anti-normativist approaches to law. The book focuses on the question: What is law? Is it a set of obligations imposed on courts and officials to guide their conduct and to assess the conduct of others? Or is it the result of settlements reached by opposing sides that accept arrangements and understandings to sustain peaceful cooperation? If law is the former its significance and meaning are independent of a shifting constellation of forces; if it is not, then what the law says depends on the relative power and prestige of the actors involved. With contributions from some of the leading scholars in the field, the collection presents a balanced and nuanced assessment of what is perhaps the most controversial debate in contemporary legal philosophy today.

The Cambridge Companion to Legal Positivism

Author : Torben Spaak
Publisher : Cambridge University Press
ISBN 13 : 1108427677
Total Pages : 807 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Cambridge Companion to Legal Positivism by : Torben Spaak

Download or read book The Cambridge Companion to Legal Positivism written by Torben Spaak and published by Cambridge University Press. This book was released on 2021-02-04 with total page 807 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.

Rights and Civilizations

Author : Gustavo Gozzi
Publisher : Cambridge University Press
ISBN 13 : 1108474233
Total Pages : 409 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Rights and Civilizations by : Gustavo Gozzi

Download or read book Rights and Civilizations written by Gustavo Gozzi and published by Cambridge University Press. This book was released on 2019-02-14 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Illustrates the origin and ways of Western hegemony over other civilizations across the world.

Hans Kelsen's Pure Theory of Law

Author : Lars Vinx
Publisher : Oxford University Press on Demand
ISBN 13 : 0199227950
Total Pages : 241 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis Hans Kelsen's Pure Theory of Law by : Lars Vinx

Download or read book Hans Kelsen's Pure Theory of Law written by Lars Vinx and published by Oxford University Press on Demand. This book was released on 2007 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Hans Kelsen and Carl Schmitt

Author : Dan Diner
Publisher :
ISBN 13 :
Total Pages : 204 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Hans Kelsen and Carl Schmitt by : Dan Diner

Download or read book Hans Kelsen and Carl Schmitt written by Dan Diner and published by . This book was released on 1999 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Hans Kelsen and the Natural Law Tradition

Author : Peter Langford
Publisher : BRILL
ISBN 13 : 9004390391
Total Pages : 555 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis Hans Kelsen and the Natural Law Tradition by : Peter Langford

Download or read book Hans Kelsen and the Natural Law Tradition written by Peter Langford and published by BRILL. This book was released on 2019-03-19 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

General Theory of Norms

Author : Hans Kelsen
Publisher : Oxford [England] : Clarendon Press
ISBN 13 :
Total Pages : 536 pages
Book Rating : 4.4/5 (91 download)

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Book Synopsis General Theory of Norms by : Hans Kelsen

Download or read book General Theory of Norms written by Hans Kelsen and published by Oxford [England] : Clarendon Press. This book was released on 1991 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Uncertainty in International Law

Author : Jörg Kammerhofer
Publisher : Routledge
ISBN 13 : 1136939717
Total Pages : 304 pages
Book Rating : 4.1/5 (369 download)

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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.

The Guardian of the Constitution

Author : Hans Kelsen
Publisher : Cambridge University Press
ISBN 13 : 110709268X
Total Pages : 291 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Guardian of the Constitution by : Hans Kelsen

Download or read book The Guardian of the Constitution written by Hans Kelsen and published by Cambridge University Press. This book was released on 2015-02-19 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first English translation of Hans Kelsen's and Carl Schmitt's debate on the 'Guardian of the Constitution'.

A New Science of Politics

Author : Hans Kelsen
Publisher : Walter de Gruyter
ISBN 13 : 3110327716
Total Pages : 138 pages
Book Rating : 4.1/5 (13 download)

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Book Synopsis A New Science of Politics by : Hans Kelsen

Download or read book A New Science of Politics written by Hans Kelsen and published by Walter de Gruyter. This book was released on 2013-05-02 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt: Eric Voegelin is famous as a philosopher of history and a as one of the most eminent political scientists of the 20th century. His most fundamental work on political theory, the "New Science of Politics, is nowadays considered a classic in ist field. While the "New Science" has always been a very controversial book, ist critics have hardly ever taken the pain to pinpoint the weaknesses they condemmed Voegelins book for. There is, however, one exception: Only shortly after the appearance of Voegelins "New Science" in 1954, Hans Kelsen has written a most detailed reply to this book of his former student. This reply, which was known to Voegelin and is mentioned in his autobiography, is now being published by the ontos verlag. Being a distinguished philosopher himself of an erudition and breadth of knowledge that matches that of Eric Voegelin, Hans Kelsen is able to support the critical stance he takes on Voegelin "New Science" by clear and well founded argument. This critical reply to Voegelins "New Science" is not only an important contribution to the dispute about the foundations of political order in modern society, but will also prove valuable to readers generally interested in Voegelins life and work.