General Theory Of Norms
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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.
General Theory Of Law And State
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Author : Hans Kelsen
language : en
Publisher: The Lawbook Exchange, Ltd.
Release Date : 2009
General Theory Of Law And State 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 2009 with International law categories.
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.
A Dynamic Approach To Hans Kelsen S General Theory Of Norms
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Author : Monika Zalewska
language : en
Publisher: Hart Publishing
Release Date : 2023-10-05
A Dynamic Approach To Hans Kelsen S General Theory Of Norms written by Monika Zalewska and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-10-05 with Law categories.
This timely and fascinating book focuses on the dynamic interpretation of Hans Kelsen's “General Theory of Norms”. Hans Kelsen (1881-1973) was an Austrian jurist and legal philosopher. He is renowned for his work Pure Theory of Law which was first published in 1934 and is one of the most influential theories of law of recent times. This book reconstructs Pure Theory of Law through the lens of 21st-century jurisprudence debates. The book sheds a new light on Kelsen by engaging with key contemporary philosophical concepts, such as explanation and understanding, supervenience, and conceptual metaphors. This unique approach provides a contemporary interpretation of Kelsen's latest theory; creating a new perspective on Kelsen's classic concepts, such as basic norm, and separation of “is” and “ought”. By considering both contemporary philosophy and classic concepts, the book creates a novel theoretical landscape worth exploring.
General Theory Of Norms
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Author : Hans Kelsen
language : en
Publisher:
Release Date : 1991
General Theory Of Norms written by Hans Kelsen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991 with categories.
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.
Social Norms
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Author : Michael Hechter
language : en
Publisher: Russell Sage Foundation
Release Date : 2001-03-15
Social Norms written by Michael Hechter and has been published by Russell Sage Foundation this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001-03-15 with Political Science categories.
Social norms are rules that prescribe what people should and should not do given their social surroundings and circumstances. Norms instruct people to keep their promises, to drive on the right, or to abide by the golden rule. They are useful explanatory tools, employed to analyze phenomena as grand as international diplomacy and as mundane as the rules of the road. But our knowledge of norms is scattered across disciplines and research traditions, with no clear consensus on how the term should be used. Research on norms has focused on the content and the consequences of norms, without paying enough attention to their causes. Social Norms reaches across the disciplines of sociology, economics, game theory, and legal studies to provide a well-integrated theoretical and empirical account of how norms emerge, change, persist, or die out. Social Norms opens with a critical review of the many outstanding issues in the research on norms: When are norms simply devices to ease cooperation, and when do they carry intrinsic moral weight? Do norms evolve gradually over time or spring up spontaneously as circumstances change? The volume then turns to case studies on the birth and death of norms in a variety of contexts, from protest movements, to marriage, to mushroom collecting. The authors detail the concrete social processes, such as repeated interactions, social learning, threats and sanctions, that produce, sustain, and enforce norms. One case study explains how it can become normative for citizens to participate in political protests in times of social upheaval. Another case study examines how the norm of objectivity in American journalism emerged: Did it arise by consensus as the professional creed of the press corps, or was it imposed upon journalists by their employers? A third case study examines the emergence of the norm of national self-determination: has it diffused as an element of global culture, or was it imposed by the actions of powerful states? The book concludes with an examination of what we know of norm emergence, highlighting areas of agreement and points of contradiction between the disciplines. Norms may be useful in explaining other phenomena in society, but until we have a coherent theory of their origins we have not truly explained norms themselves. Social Norms moves us closer to a true understanding of this ubiquitous feature of social life.
Logical Concepts In Legal Positivism
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Author : Juliele Maria Sievers
language : en
Publisher:
Release Date : 2016-12-19
Logical Concepts In Legal Positivism written by Juliele Maria Sievers and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-19 with Philosophy categories.
The present work offers an original approach on the legal notions developed by Hans Kelsen in his attempts towards a "pure" theory of Law, based on a philosophical analysis of the main legal concepts that have a strong philosophical feature, namely those notions which are somehow "shared" between the two fields in their name, but not always in their meaning. While the most striking notion to be approached via a philosophical perspective would probably be that of legal validity (since validity is a central term also in Logic), we aim, in the same way, to approach the notions of legal fictions, the notion of science in Law, normative conflicts or "contradictions" as they are commonly - and wrongly - named, and the rule of inference as it is applied in the context of normative creation, giving place to the wrong notion of practical reasoning. The notion of practical reasoning is very rich in this context of comparison, and will be a special one, as it serves for us to analyze traditional problems of legal theory, such as JOrgensen's dilemma, as well as it offers the opportunity of providing our own alternative of a legitimate logical treatment of the process of legal justification in the context of the creation of a norm. We aim to analyze the notion of legal and logical conditions as well, which represent a changing in Kelsen's perspective on the utility and legitimacy of the application of logic to the legal domain. Such a comparative study, even if it appears to be fundamental for clarifying those notions in their respective fields, is a task never before developed in this systematic manner. The objective of such a study is to provide a clear overview of the boundaries between the fields of philosophy (especially logic) and the legal norms. A clear understanding of the relations between those "homonym" notions may explain why they are - most of the time - misused when philosophers talk about law, as well as when lawyers and jurists try to justify the concepts composing their legal theories. The context of this study is the legal positivism as it is explained by the legal-philosopher Hans Kelsen. This choice is justified by the fact that Kelsen's legal theory appears to be the most suitable frame for an analytical, logic-oriented investigation. The work emphasized will be the General Theory of Norms (1979), mainly because of the fact that this book represents how intensively Kelsen dedicated himself to the legal problems mostly related to philosophy or logic, namely the question of the application of logic to norms and the clarification of problematic notions such as the Basic Norm as a fiction or, still, the notion of "modally indifferent substrate," that we consider to be a path towards a conciliation between logic and law.
Minding Norms
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Author : Rosaria Conte
language : en
Publisher: Oxford University Press
Release Date : 2013-09-27
Minding Norms written by Rosaria Conte 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 2013-09-27 with Psychology categories.
Norms are prescribed conducts applied by the majority of people. Getting across cultures and centuries, norms evolved to rule all human relationships, from the most formal to the most intimate. Impinging on any sphere of life, from religious to political, norms affect social, moral, and even aesthetical behaviours. They are enforced through centralized sanctions or distributed control, and originate through deliberate acts of issuing or from spontaneous interaction in informal settings. Despite ubiquity and universality, norms are still awaiting for a general comprehensive theory, simultaneously doing justice to three intuitions: that, under variable contents, norms correspond to a common notion; that, once brought about, norms feedback on their producers, affecting their conducts; and finally that before and in order to drive the behaviours of individuals, norms must affect their beliefs and goals: people must detect and accept norms before converting them into observable behaviours. This volume presents an unprecedented attempt to account for all the three intuitions at once, providing a systematic view of norms. Based on a unitary and operational notion of norms, as behaviours spreading thanks to and to the extent that the corresponding prescriptions spread as well, a cognitive architecture, EMIL-A, which is the main output of a research project on norm emergence, is described. EMIL-A is a BDI-like platform for simulation, endowed with modules for detecting, reasoning and deciding upon norms. Next, the EMIL-A platform is applied to generate norms in different simulated scenarios (from a multi-setting world to a virtual Wikipedia), through a complex bidirectional dynamics, i.e., the bottom-up emergence of norms thanks to a gradual, top-down process, denoted as immergence. As simulations results show, norms emerge while immerging in agents' minds, thanks to their detecting, reasoning, and deciding whether to respect them or not.
General Theory Of Law
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Author : N. M. Korkunov
language : en
Publisher: Beard Books
Release Date : 2000
General Theory Of Law written by N. M. Korkunov and has been published by Beard Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Law categories.
Explorations In General Theory In Social Science
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Author : Jan J. Loubser
language : en
Publisher:
Release Date : 1976
Explorations In General Theory In Social Science written by Jan J. Loubser and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1976 with Sociology categories.