Hans Kelsens Rechtslehre

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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 Reine Rechtslehre

Author : Lewis K. Zerby
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (123 download)

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Book Synopsis Hans Kelsen's Reine Rechtslehre by : Lewis K. Zerby

Download or read book Hans Kelsen's Reine Rechtslehre written by Lewis K. Zerby and published by . This book was released on 1945 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

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).

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.

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.

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.

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.

Law, State, and International Legal Order

Author : Hans Kelsen
Publisher :
ISBN 13 :
Total Pages : 388 pages
Book Rating : 4.:/5 (32 download)

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Book Synopsis Law, State, and International Legal Order by : Hans Kelsen

Download or read book Law, State, and International Legal Order written by Hans Kelsen and published by . This book was released on 1964 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Pure Theory of Law

Author : William Ebenstein
Publisher :
ISBN 13 : 9780678045350
Total Pages : 226 pages
Book Rating : 4.0/5 (453 download)

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Book Synopsis The Pure Theory of Law by : William Ebenstein

Download or read book The Pure Theory of Law written by William Ebenstein and published by . This book was released on 1969 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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

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.

Pure Theory of Law

Author : Hans Kelsen
Publisher : Peter Smith Publisher
ISBN 13 : 9780844663647
Total Pages : 0 pages
Book Rating : 4.6/5 (636 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 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.

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.

Kelsenian Legal Science and the Nature of Law

Author : Peter Langford
Publisher : Springer
ISBN 13 : 3319518178
Total Pages : 320 pages
Book Rating : 4.3/5 (195 download)

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Book Synopsis Kelsenian Legal Science and the Nature of Law by : Peter Langford

Download or read book Kelsenian Legal Science and the Nature of Law written by Peter Langford and published by Springer. This book was released on 2017-05-16 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

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.

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.

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.