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.

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.

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.

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.

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

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).

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.

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.

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.

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.

The Idea of a Pure Theory of Law

Author : Christoph Kletzer
Publisher : Bloomsbury Publishing
ISBN 13 : 1509913440
Total Pages : 233 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Idea of a Pure Theory of Law by : Christoph Kletzer

Download or read book The Idea of a Pure Theory of Law written by Christoph Kletzer and published by Bloomsbury Publishing. This book was released on 2018-01-25 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most contemporary legal philosophers tend to take force to be an accessory to the law. According to this prevalent view the law primarily consists of a series of demands made on us; force, conversely, comes into play only when these demands fail to be satisfied. This book claims that this model should be jettisoned in favour of a radically different one: according to the proposed view, force is not an accessory to the law but rather its attribute. The law is not simply a set of rules incidentally guaranteed by force, but it should be understood as essentially rules about force. The book explores in detail the nature of this claim and develops its corollaries. It then provides an overview of the contemporary jurisprudential debates relating to force and violence, and defends its claims against well-known counter-arguments by Hart, Raz and others. This book offers an innovative insight into the concept of Pure Theory. In contrast to what was claimed by Hans Kelsen, the most eminent contributor to this theory, the author argues that the core insight of the Pure Theory is not to be found in the concept of a basic norm, or in the supposed absence of a conceptual relation between law and morality, but rather in the fundamental and comprehensive reformulation of how to model the functioning of the law intended as an ordering of force and violence.

Legal Interpretation and Scientific Knowledge

Author : David Duarte
Publisher : Springer Nature
ISBN 13 : 3030186717
Total Pages : 251 pages
Book Rating : 4.0/5 (31 download)

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Book Synopsis Legal Interpretation and Scientific Knowledge by : David Duarte

Download or read book Legal Interpretation and Scientific Knowledge written by David Duarte and published by Springer Nature. This book was released on 2019-09-25 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the question of whether legal interpretation is a scientific activity. The law’s dependency on language, at least for the usual communication purposes, not only makes legal interpretation the main task performed by those whose work involves the law, but also an unavoidable step in the process of resolving a legal case. This task of decoding the words and sentences used by normative authorities while enacting norms, carried out in compliance with the principles and rules of the natural language adopted, is prone to all of the difficulties stemming from the uncertainty intrinsic to all linguistic conventions. In this context, seeking to determine whether legal interpretation can be scientific or, in other words, can comply with the requirements for scientific knowledge, becomes a central question. In fact, the coherent application of the law depends on a knowledge regarding the meaning of normative sentences that can be classified (at least) as being structured, systematically organized and tendentially objective. Accordingly, this book focuses on analyzing precisely these problems; its respective contributions offer a range of revealing perspectives on both the problems and their ramifications.

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:

Philosophy of Law: A Very Short Introduction

Author : Raymond Wacks
Publisher : OUP Oxford
ISBN 13 : 0191510645
Total Pages : 152 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Philosophy of Law: A Very Short Introduction by : Raymond Wacks

Download or read book Philosophy of Law: A Very Short Introduction written by Raymond Wacks and published by OUP Oxford. This book was released on 2014-02-27 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of law lies at the heart of our social and political life. Legal philosophy, or jurisprudence, explores the notion of law and its role in society, illuminating its meaning and its relation to the universal questions of justice, rights, and morality. In this Very Short Introduction Raymond Wacks analyses the nature and purpose of the legal system, and the practice by courts, lawyers, and judges. Wacks reveals the intriguing and challenging nature of legal philosophy with clarity and enthusiasm, providing an enlightening guide to the central questions of legal theory. In this revised edition Wacks makes a number of updates including new material on legal realism, changes to the approach to the analysis of law and legal theory, and updates to historical and anthropological jurisprudence. ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, and enthusiasm to make interesting and challenging topics highly readable.

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.

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.