The Idea Of A Pure Theory Of Law
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Author | : Hans Kelsen |
Publisher | : The Lawbook Exchange, Ltd. |
Total Pages | : 366 |
Release | : 2005 |
Genre | : Law |
ISBN | : 1584775785 |
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.
Author | : Hans Kelsen |
Publisher | : The Lawbook Exchange, Ltd. |
Total Pages | : 368 |
Release | : 2002 |
Genre | : Law |
ISBN | : 1584772069 |
Reprint of the second revised and enlarged edition, being a completely revised version of the first edition which was published in 1934. Kelsen [1881-1973], was the author of more than forty works on law and legal philosophy, and is best known for this title and General Theory of Law and State. He was also the author of the Austrian Democratic Constitution, which was published in 1920, abolished during the Nazi regime, restored in 1945, and in force today. Walker calls Kelsen "possibly the most influential jurisprudent of the twentieth century." Walker, Oxford Companion to Law 699.
Author | : Hans Kelsen |
Publisher | : Univ of California Press |
Total Pages | : 370 |
Release | : 1967-01-01 |
Genre | : Law |
ISBN | : 9780520036925 |
F.B.I. Agents Jack Harper and Oscar Hidalgo are burned out from too many cases so they schedule a two week vacation. Jack plans to hang out with his son, followed by some fishing in Baja. Then Jack gets a phone call from his snitch and on-again-off-again girlfriend, the sexy and unpredictable car thief, Michelle Wu. Michelle's sister has been kidnapped. Terrified that she will be killed, Michelle begs Jack to come to Santa Fe at once.
Author | : Christoph Kletzer |
Publisher | : Bloomsbury Publishing |
Total Pages | : 245 |
Release | : 2018-01-25 |
Genre | : Law |
ISBN | : 1509913440 |
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.
Author | : Lars Vinx |
Publisher | : Oxford University Press, USA |
Total Pages | : 241 |
Release | : 2007 |
Genre | : Law |
ISBN | : 0199227950 |
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.
Author | : Luís Duarte d'Almeida |
Publisher | : Bloomsbury Publishing |
Total Pages | : 426 |
Release | : 2014-07-18 |
Genre | : Law |
ISBN | : 1782252479 |
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.
Author | : Hans Kelsen |
Publisher | : The Lawbook Exchange, Ltd. |
Total Pages | : 544 |
Release | : 2009 |
Genre | : International law |
ISBN | : 1584777176 |
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.
Author | : Richard Tur |
Publisher | : Oxford University Press, USA |
Total Pages | : 368 |
Release | : 1986 |
Genre | : Language Arts & Disciplines |
ISBN | : |
"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
Author | : Hans Kelsen |
Publisher | : Routledge |
Total Pages | : 400 |
Release | : 2014-05-22 |
Genre | : Social Science |
ISBN | : 131783318X |
First published in 1998.This is Volume XIV of eighteen in the Sociology of Behaviour and Psychology series. This text is concerned with sociological inquiry into society and nature. Written in 1946, it investigates the idea that society and nature, if conceived of as two different systems of elements, are the results of two different methods of thinking and are only as such two different objects. The same elements, connected with each other according to the principle of causality, constitute nature; connected with each other according to another, namely, a normative, principle, they constitute society
Author | : Hans Kelsen |
Publisher | : The Lawbook Exchange, Ltd. |
Total Pages | : 406 |
Release | : 2000 |
Genre | : Law |
ISBN | : 1584771011 |
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).