Hans Kelsens Pure Theory Of Law

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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.

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.

Kelsen Revisited

Author : Luís Duarte d'Almeida
Publisher : Bloomsbury Publishing
ISBN 13 : 1782252479
Total Pages : 281 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Kelsen Revisited by : Luís Duarte d'Almeida

Download or read book Kelsen Revisited written by Luís Duarte d'Almeida and published by Bloomsbury Publishing. This book was released on 2014-07-18 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

General Theory of Law and State

Author : Hans Kelsen
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584777176
Total Pages : 544 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis General Theory of Law and State by : Hans Kelsen

Download or read book General Theory of Law and State written by Hans Kelsen and published by The Lawbook Exchange, Ltd.. This book was released on 2009 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Public International Law Theory of Hans Kelsen

Author : Jochen von Bernstorff
Publisher : Cambridge University Press
ISBN 13 : 1139488589
Total Pages : 343 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The Public International Law Theory of Hans Kelsen by : Jochen von Bernstorff

Download or read book The Public International Law Theory of Hans Kelsen written by Jochen von Bernstorff and published by Cambridge University Press. This book was released on 2010-10-28 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: This analysis of Hans Kelsen's international law theory takes into account the context of the German international legal discourse in the first half of the twentieth century, including the reactions of Carl Schmitt and other Weimar opponents of Kelsen. The relationship between his Pure Theory of Law and his international law writings is examined, enabling the reader to understand how Kelsen tried to square his own liberal cosmopolitan project with his methodological convictions as laid out in his Pure Theory of Law. Finally, Jochen von Bernstorff discusses the limits and continuing relevance of Kelsenian formalism for international law under the term of 'reflexive formalism', and offers a reflection on Kelsen's theory of international law against the background of current debates over constitutionalisation, institutionalisation and fragmentation of international law. The book also includes biographical sketches of Hans Kelsen and his main students Alfred Verdross and Joseph L. Kunz.

Introduction to the Problems of Legal Theory

Author : Hans Kelsen
Publisher : Oxford University Press on Demand
ISBN 13 : 9780198265658
Total Pages : 171 pages
Book Rating : 4.2/5 (656 download)

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Book Synopsis Introduction to the Problems of Legal Theory by : Hans Kelsen

Download or read book Introduction to the Problems of Legal Theory written by Hans Kelsen and published by Oxford University Press on Demand. This book was released on 1996 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 theorywhich 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, theidentity of law and state, and international law.

General Theory of Law and State

Author : Hans Kelsen
Publisher : Routledge
ISBN 13 : 1351517988
Total Pages : 790 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis General Theory of Law and State by : Hans Kelsen

Download or read book General Theory of Law and State written by Hans Kelsen and published by Routledge. This book was released on 2017-07-05 with total page 790 pages. Available in PDF, EPUB and Kindle. Book excerpt: Widely regarded as the most important legal theorist of the twentieth century, Hans Kelsen is best known for his formulation of the "pure theory of law", - within which the study of international law was his special field of work. The present volume, "General Theory of Law and State", first published in 1945, allowed Kelsen to adjust his pure theory of law to American circumstances after World War II. It also afforded him the opportunity to present to English-speaking readers his latest ideas on the supremacy of international law. The volume is divided into two parts: the first devoted to law, the second to the state. Together these topics constitute the most systematic and comprehensive exposition of Kelsen's jurisprudence. The volume is not only a compendium of Kelsen's lifework up to that time; it is also an extension of his theories, "to embrace the problems and institutions of English and American law as well as those of the Civil Law countries". Indeed, references to Continental European law are minimal compared with examples, scattered throughout the text, taken from the U.S. Constitution and several American court cases. This is more than a concession to American readers; it signifies that Kelsen's legal theory is truly general in that it accounts for the Common Law as well as the Civil Law. A systematic treatise on jurisprudence, "General Theory of Law and State" is a substantial reformulation of Kelsen's ideas articulated in several of his previous books, written in German. The juridical principles put forth by the most important legal theorist of the twentieth century remain of great value. This volume will be read by legal scholars, political scientists, and intellectual historians.

What is Justice?

Author : Hans Kelsen
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584771011
Total Pages : 406 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis What is Justice? by : Hans Kelsen

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).

Essays on Kelsen

Author : Richard Tur
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 368 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Essays on Kelsen by : Richard Tur

Download or read book Essays on Kelsen written by Richard Tur and published by Oxford University Press, USA. This book was released on 1986 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A very important collection of esays on the legal philosophy of Hans Kelsen....The collection has a pleasant unity and includes a superb introduction by the editors that provides a framework for the essays and a perspective from which to evaluate Kelsen's contributions to legal theory." --Choice

Hans Kelsen's Pure Theory of Law

Author : Lars Vinx
Publisher : OUP Oxford
ISBN 13 : 0191566497
Total Pages : 240 pages
Book Rating : 4.1/5 (915 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 OUP Oxford. This book was released on 2007-09-06 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hans Kelsen is commonly considered to be among the founding fathers of modern legal philosophy. Despite Kelsen's prominence as a legal theorist, his political theory has so far been mostly overlooked. This book argues that Kelsen's legal theory, the Pure Theory of Law, needs to be read in the context of Kelsen's political theory. It offers the first comprehensive interpretation of the Pure Theory that makes systematic use of Kelsen's conception of the rule of law, of his theory of democracy, his defense of constitutional review, and his views on international law. Once it is read in the context of Kelsen's political works, Kelsen's analysis of legal normativity provides us with a notion of political legitimacy that is distinct from any comprehensive and contestable theory of justice. It shows how members of pluralist societies can reasonably acknowledge the binding nature of law, even where its content does not fully accord with their own substantive views of the requirements of justice, provided it is created in accordance with an ideal of fair arbitration amongst social groups. This result leads to a fundamental re-evaluation of the Pure Theory of Law. The theory is best understood as an attempt to find a middle ground between natural law and legal positivism. Later positivist legal theorists inspired by Kelsen's work failed to appreciate the political-theoretical context of the Pure Theory and turned to a narrow instrumentalism about the functions of law. The perspective on Kelsen offered in this book aims to reconnect positivist legal thought with normative political theory.

Legality and Legitimacy in Hans Kelsen's Pure Theory of Law

Author : Lars Vinx
Publisher :
ISBN 13 : 9780494160329
Total Pages : 376 pages
Book Rating : 4.1/5 (63 download)

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Book Synopsis Legality and Legitimacy in Hans Kelsen's Pure Theory of Law by : Lars Vinx

Download or read book Legality and Legitimacy in Hans Kelsen's Pure Theory of Law written by Lars Vinx and published by . This book was released on 2006 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Positivist legal theorists inspired by Kelsen's work failed to appreciate the political-theoretical potential of the Pure Theory of Law and thus turned to a narrow agnosticism about the functions of law. The Pure Theory of Law, I conclude, may offer a paradigm of jurisprudential thought that could reconnect jurisprudence with political theory as it was traditionally understood: namely as a reflection on the best constitution and on the contribution that different legal actors and institutions can make to its realization.

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.

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.

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.

Society and Nature

Author : Hans Kelsen
Publisher : Routledge
ISBN 13 : 131783318X
Total Pages : 400 pages
Book Rating : 4.3/5 (178 download)

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Book Synopsis Society and Nature by : Hans Kelsen

Download or read book Society and Nature written by Hans Kelsen and published by Routledge. This book was released on 2014-05-22 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: First published in 1998. Routledge is an imprint of Taylor & Francis, an informa company.

Hans Kelsen in America - Selective Affinities and the Mysteries of Academic Influence

Author : D.A. Jeremy Telman
Publisher : Springer
ISBN 13 : 3319331302
Total Pages : 368 pages
Book Rating : 4.3/5 (193 download)

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Book Synopsis Hans Kelsen in America - Selective Affinities and the Mysteries of Academic Influence by : D.A. Jeremy Telman

Download or read book Hans Kelsen in America - Selective Affinities and the Mysteries of Academic Influence written by D.A. Jeremy Telman and published by Springer. This book was released on 2016-08-26 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the reasons for Hans Kelsen’s lack of influence in the United States and proposes ways in which Kelsen’s approach to law, philosophy, and political, democratic, and international relations theory could be relevant to current debates within the U.S. academy in those areas. Along the way, the volume examines Kelsen’s relationship and often hidden influences on other members of the mid-century Central European émigré community whose work helped shape twentieth-century social science in the United States. The book includes major contributions to the history of ideas and to the sociology of the professions in the U.S. academy in the twentieth century. Each section of the volume explores a different aspect of the puzzle of the neglect of Kelsen’s work in various disciplinary and national settings. Part I provides reconstructions of Kelsen’s legal theory and defends that theory against negative assessments in Anglo-American jurisprudence. Part II focuses both on Kelsen’s theoretical views on international law and his practical involvement in the post-war development of international criminal law. Part III addresses Kelsen’s theories of democracy and justice while placing him in dialogue with other major twentieth-century thinkers, including two fellow émigré scholars, Leo Strauss and Albert Ehrenzweig. Part IV explores Kelsen’s intellectual legacies through European and American perspectives on the interaction of Kelsen’s theoretical approach to law and national legal traditions in the United States and Germany. Each contribution features a particular applications of Kelsen’s approach to doctrinal and interpretive issues currently of interest in the legal academy. The volume concludes with two chapters on the nature of Kelsen’s legal theory as an instance of modernism.

Introduction to the Problems of Legal Theory

Author : Hans Kelsen
Publisher : Oxford University Press, USA
ISBN 13 :
Total Pages : 224 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Introduction to the Problems of Legal Theory by : Hans Kelsen

Download or read book Introduction to the Problems of Legal Theory written by Hans Kelsen and published by Oxford University Press, USA. This book was released on 1992 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the leading legal philosophers of this century, Kelsen published this short treatise in 1934, when the neo-Kantian influence on his work was at its zenith. An earlier, "constructivist" phase had been displaced by his effort to provide something approximating a neo-Kantian foundation for his theory. If this second phase represents the Pure Theory of Law in its most characteristic form, then the present treatise may well be its central text. And of Kelsen's many statements of the Pure Theory, this one is surely the most accessible. Topics covered include the legal norm and Kelsen's normativity thesis, law and morality, the role of ideology, the concept of the legal person, legal interpretation, the identity of law and state, and the theory of international law. Among the appendices is an annotated bibliography of secondary literature on Kelsen.