A Dynamic Approach To Hans Kelsen S General Theory Of Norms
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A Dynamic Approach To Hans Kelsen S General Theory Of Norms
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Author : Monika Zalewska
language : en
Publisher: Bloomsbury Publishing
Release Date : 2024-12-12
A Dynamic Approach To Hans Kelsen S General Theory Of Norms written by Monika Zalewska and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-12-12 with Law categories.
This timely and compelling book delves into the dynamic interpretation of Hans Kelsen's General Theory of Norms through the lens of 21st-century jurisprudential debates. Engaging with key contemporary philosophical concepts such as fictionalism in the philosophy of science, explanation and understanding, and supervenience, this book sheds new light on Kelsen's original ideas. By offering a contemporary interpretation of his later work, it re-examines classic concepts known from the 'Pure Theory of Law' like the basic norm, the separation of 'is' and 'ought,' validity and efficacy, imputation, and the concept of the legal norm. Integrating modern philosophy with Kelsen's lasting ideas, this book presents a novel theoretical landscape, inviting readers to explore fresh perspectives on Kelsen's contributions to legal theory and emphasising its enduring relevance.
Kelsen S Legacy
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Author : Jorge Emilio Núñez
language : en
Publisher: Bloomsbury Publishing
Release Date : 2025-02-20
Kelsen S Legacy written by Jorge Emilio Núñez and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-02-20 with Law categories.
This volume offers a comprehensive examination of Hans Kelsen's legal and political philosophy, focusing on four central themes. The first part analyses Kelsen's theory of norms, including its periodisation and concepts of validity and coercion. The second part explores his perspectives on international law, addressing its structural analysis, primitive law characterisation, and teleology. The third part examines Kelsen's theory of democracy, its relationship with the pure theory of law, collective will, and democratisation of the administration. The final part discusses Kelsen's influence on the Vienna School of Legal Theory and its impact on case law and jurisprudence beyond Europe. This collection is essential for scholars and practitioners seeking to understand Kelsen's legacy.
The Project Of Positivism In International Law
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Author : Mónica García-Salmones Rovira
language : en
Publisher: OUP Oxford
Release Date : 2013-11-28
The Project Of Positivism In International Law written by Mónica García-Salmones Rovira and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-11-28 with Law categories.
International legal positivism has been crucial to the development of international law since the nineteenth century. It is often seen as the basis of mainstream or traditional international legal thought. The Project of Positivism in International Law addresses this theory in the long-standing tradition of critical intellectual histories of international law. It provides a nuanced analysis of the resilience of the economic-positivist theory, and shows how influential its role was in shaping the modern frameworks of international law. The book argues that the rise of positivist international law was inseparable from philosophical developments placing the notion of conflict of interests at the centre of collective life. Where previously international thought was dominated by notions of the right, the just, and the good, increasingly international relations became viewed as 'interests' in need of harmonisation. In this context, international law was re-founded as the universal law that could harmonise the interests of both public and private international entities. The book argues that these evolutions in philosophical thought were bound up with the consolidation of capitalism, and with the ideas about human existence and human nature which emerged in that process. It provides an innovative analysis of the selected biography of ideas which it presents, including a detailed focus on the work of Hans Kelsen, one of the leading positivist thinkers of the twentieth century. It also argues that the work of Lassa Oppenheim should be included within this analysis, as providing some of the key founding texts of positivism in international law. This book will be a fascinating read for scholars and students of international legal theory, historians of ideas, and legal philosophers.
General Theory Of Law And State
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Author : Hans Kelsen
language : en
Publisher: Transaction Publishers
Release Date :
General Theory Of Law And State written by Hans Kelsen and has been published by Transaction Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
General Theory Of Norms
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Author : Hans Kelsen
language : en
Publisher: Oxford [England] : Clarendon Press
Release Date : 1991
General Theory Of Norms written by Hans Kelsen and has been published by Oxford [England] : Clarendon Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with Law categories.
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.
Classic Writings In Law And Society
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Author : A. Javier Trevino
language : en
Publisher: Routledge
Release Date : 2017-07-05
Classic Writings In Law And Society written by A. Javier Trevino and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with Social Science categories.
This volume consists of outstanding essays by contemporary scholars and specialists on classic writings in law and society. This second edition expands the previous volume by adding additional statements. Included are commentaries on Edward A. Ross's Social Control: A Survey of the Foundations of Order, Karl N. Llewellyn's Jurisprudence: Realism in Theory and Practice, Jerome Frank's Law and the Modern Mind, Leon Petrazycki's Law and Morality, and Karl Renner's The Institutions of Private Law and their Social Functions.The goal of Classic Writings in Law and Society is to acquaint a new generation of students with classic writings by diverse social and legal scholars ranging from Henry Sumner Maine, Oliver Wendell Holmes, Jr., and Hans Kelsen to Eugen Ehrlich, Nicholas S. Timasheff, and Richard Quinney. This work continues to demonstrate their contemporary theoretical relevance. Accordingly, each chapter speaks of the scholars' work in general, how the particular book under consideration fits into that corpus, and how the book is assessed in a present day context. These essays have a clear relation to the "classic" tradition in sociolegal thought.Reading the classics is useful in gaining a better understanding and appreciation of the essential foundation for a post-classic approach in law and social inquiry an approach that can be found in such orientations as critical legal studies, chaos theory in law, and legal semiotics. Classic Writings in Law and Society includes commentaries that consider early writings that set the standard for the social scientific approach in examining issues of law and punishment, social control, joint stock companies, business firms and nation-states in the study of law and society.
Revolution Transition Memory And Oblivion
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Author : Martin Belov
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-12-25
Revolution Transition Memory And Oblivion written by Martin Belov and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-25 with Law categories.
This timely book offers a novel theory of constitutional revolutions, providing a new and engaging framework for critically assessing how revolutions and contra-revolutions, transitional periods and the phenomenon of oblivion influence constitutional change.
Logic In The Theory And Practice Of Lawmaking
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Author : Michał Araszkiewicz
language : en
Publisher: Springer
Release Date : 2015-10-05
Logic In The Theory And Practice Of Lawmaking written by Michał Araszkiewicz and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-05 with Law categories.
This book presents the current state of the art regarding the application of logical tools to the problems of theory and practice of lawmaking. It shows how contemporary logic may be useful in the analysis of legislation, legislative drafting and legal reasoning concerning different contexts of law making. Elaborations of the process of law making have variously emphasised its political, social or economic aspects. Yet despite strong interest in logical analyses of law, questions remains about the role of logical tools in law making. This volume attempts to bridge that gap, or at least to narrow it, drawing together some important research problems—and some possible solutions—as seen through the work of leading contemporary academics. The volume encompasses 20 chapters written by authors from 16 countries and it presents diversified views on the understanding of logic (from strict mathematical approaches to the informal, argumentative ones) and differentiated choices concerning the aspects of law making taken into account. The book presents a broad set of perspectives, insights and results into the emerging field of research devoted to the logical analysis of the area of creation of law. How does logic inform lawmaking? Are legal systems consistent and complete? How can legal rules be represented by means of formal calculi and visualization techniques? Does the structure of statutes or of legal systems resemble the structure of deductive systems? What are the logical relations between the basic concepts of jurisprudence that constitute the system of law? How are theories of legal interpretation relevant to the process of legislation? How might the statutory text be analysed by means of contemporary computer programs? These and other questions, ranging from the theoretical to the immediately practical, are addressed in this definitive collection.
Institutionalized Reason
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Author : Matthias Klatt
language : en
Publisher: Oxford University Press
Release Date : 2012-02-23
Institutionalized Reason written by Matthias Klatt and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-02-23 with Biography & Autobiography categories.
Matthias Klatt is Professor for Public Law, EU Law, Public International Law, and Jurisprudence at the University of Hamburg. --Book Jacket.
Pure Theory Of Law
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Author : Hans Kelsen
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2005
Pure Theory Of Law written by Hans Kelsen and has been published by The Lawbook Exchange, Ltd. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Law categories.
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.