Normativity And Norms Critical Perspektives On Kelsenian Themes
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Normativity And Norms
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Author : Stanley L. Paulson
language : en
Publisher: Oxford University Press
Release Date : 1998
Normativity And Norms written by Stanley L. Paulson 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 1998 with Law categories.
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.
Normativity And Norms Critical Perspektives On Kelsenian Themes
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Author :
language : en
Publisher:
Release Date : 1998
Normativity And Norms Critical Perspektives On Kelsenian Themes written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 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.
Hans Kelsen And The Natural Law Tradition
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Author : Peter Langford
language : en
Publisher: BRILL
Release Date : 2019-03-19
Hans Kelsen And The Natural Law Tradition written by Peter Langford and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-19 with Philosophy categories.
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.
The Foundation Of The Juridico Political
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Author : Ian Bryan
language : en
Publisher: Routledge
Release Date : 2015-10-23
The Foundation Of The Juridico Political written by Ian Bryan and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-10-23 with Law categories.
Hans Kelsen and Max Weber are conventionally understood as initiators not only of two distinct and opposing processes of concept formation, but also of two discrete and contrasting theoretical frameworks for the study of law. The Foundation of the Juridical-Political: Concept Formation in Hans Kelsen and Max Weber places the conventional understanding of the theoretical relationship between the work of Kelsen and Weber into question. Focusing on the theoretical foundations of Kelsen’s legal positivism and Weber’s sociology of law, and guided by the conceptual frame of the juridico-political, the contributors to this interdisciplinary volume explore convergences and divergences in the approach and stance of Kelsen and Weber to law, the State, political science, modernity, legal rationality, legal theory, sociology of law, authority, legitimacy and legality. The chapters comprising The Foundation of the Juridical-Political uncover complexities within as well as between the theoretical and methodological principles of Kelsen and Weber and, thereby, challenge the enduring division between legal positivism and the sociology of law in contemporary discourse.
Globalisation And Governance
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Author : Robert Schütze
language : en
Publisher: Cambridge University Press
Release Date : 2018-09-06
Globalisation And Governance written by Robert Schütze and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-06 with Law categories.
This edited collection evaluates international and regional approaches to global governance problems, exploring solutions offered by the EU.
Rethinking The Relationship Between International Eu And National Law
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Author : Lando Kirchmair
language : en
Publisher: Cambridge University Press
Release Date : 2024-02-29
Rethinking The Relationship Between International Eu And National Law written by Lando Kirchmair and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-02-29 with Law categories.
Provides new insights for solving conflicts between International, EU and National Law by rethinking the relationship between the three.
Uncertainty In International Law
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Author : Jörg Kammerhofer
language : en
Publisher: Routledge
Release Date : 2010-07-12
Uncertainty In International Law written by Jörg Kammerhofer and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-07-12 with Law categories.
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.
Legal Power And Legal Competence
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Author : Gonzalo Villa-Rosas
language : en
Publisher: Springer Nature
Release Date : 2023-07-11
Legal Power And Legal Competence written by Gonzalo Villa-Rosas and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-07-11 with Law categories.
This volume explores the concepts of legal power and legal competence in fourteen original, cutting-edge chapters by leading legal theorists. Legal power and legal competence are major topics in jurisprudence, as they concern a range of practices, common to all modern legal systems, that empower individuals to bring about changes in the respective system by changing their own legal position or the legal positions of others. This compilation covers five broad themes. The chapters in the first section address open questions on the meaning of legal power and legal competence, while those in the second tackle problems regarding their normativity. The third section is devoted to specifically exploring the relationship between legal power and constitutive norms. The fourth focuses on the analysis of legal officials and legal offices, while the fifth and final section assesses various theories of legal power and legal competence.
The Public International Law Theory Of Hans Kelsen
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Author : Jochen von Bernstorff
language : en
Publisher: Cambridge University Press
Release Date : 2010-10-28
The Public International Law Theory Of Hans Kelsen written by Jochen von Bernstorff and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-28 with Law categories.
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.