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Hans Kelsen's Pure Theory of Law: Legality and Legitimacy

Lars Vinx

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199227952
eISBN:
9780191711077
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227952.001.0001
Subject:
Law, Philosophy of Law

Hans Kelsen is considered to be one of the founding fathers of modern legal philosophy. But despite Kelsen's prominence as a legal theorist, his political theory has been mostly overlooked. This book ... More


Rights in the European Union: Convergent with the USA?

Martin Shapiro

in The State of the European Union Vol. 7: With US or Against US? European Trends in American Perspective

Published in print:
2005
Published Online:
February 2006
ISBN:
9780199283958
eISBN:
9780191603297
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199283958.003.0016
Subject:
Political Science, European Union

The European Union structure of rights is now being built upon the preexisting rights practices of the member states, which in turn developed in part in the light of US experience. In Europe, like in ... More


Legal officials, the rule of recognition, and international law

KEITH CULVER and MICHAEL GIUDICE

in Legality's Borders: An Essay in General Jurisprudence

Published in print:
2010
Published Online:
May 2010
ISBN:
9780195370751
eISBN:
9780199775903
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195370751.003.001
Subject:
Law, Philosophy of Law

This chapter analyzes the limits to Hart's account of an official-operated rule of recognition as an account of the existence and borders of legal systems. The argument is developed via assessment of ... More


Essays in Jurisprudence and Philosophy

H. L. A. Hart

Published in print:
1983
Published Online:
March 2012
ISBN:
9780198253884
eISBN:
9780191681431
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198253884.001.0001
Subject:
Law, Philosophy of Law

The chapters in this book were written in the twenty-eight years following H. L. A. Hart's inaugural lecture in 1953 as Professor of Jurisprudence at Oxford. Originally published in England, the ... More


The State and its Constitution

N. W. Barber

in The Constitutional State

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199585014
eISBN:
9780191595318
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199585014.003.0005
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter provides an outline of the types of rules which are found within state constitutions. It argues that state constitutions contain both legal and non-legal rules, and that constitutions ... More


The Definition of ‘Conflicts of Norms’

Erich Vranes

in Trade and the Environment: Fundamental Issues in International Law, WTO Law, and Legal Theory

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199562787
eISBN:
9780191705366
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199562787.003.0002
Subject:
Law, Public International Law, EU Law

This chapter argues that the narrow definition of conflict prevailing in international law is problematic in legal terms. It submits that an adequate definition of conflict of norms firstly has to be ... More


Defense of a Relativist Conception of Democracy

Carlo Invernizzi Accetti

in Relativism and Religion: Why Democratic Societies Do Not Need Moral Absolutes

Published in print:
2015
Published Online:
May 2016
ISBN:
9780231170789
eISBN:
9780231540377
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231170789.003.0005
Subject:
Philosophy, Political Philosophy

This chapter advances the thesis that far from constituting a problem for democracy, moral relativism is actually the most solid intellectual foundation for it in the first place, through an analysis ... More


Legal Theory and the Weimar Crisis of Law and Social Change

John P. McCormick

in Weimar Thought: A Contested Legacy

Published in print:
2013
Published Online:
October 2017
ISBN:
9780691135106
eISBN:
9781400846788
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691135106.003.0004
Subject:
Philosophy, History of Philosophy

Public lawyers in the Weimar Republic conceptualized the law as a novel means of performing the following pressing tasks that confronted state and society in the twentieth century: the regulation of ... More


A Pure Theory of Law?

Andrei Marmor

in Philosophy of Law

Published in print:
2011
Published Online:
October 2017
ISBN:
9780691141671
eISBN:
9781400838707
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691141671.003.0002
Subject:
Philosophy, General

This chapter discusses Hans Kelsen's influential attempt to present a “pure” theory of law, and the reasons for its failure. It tries to show that Kelsen's pure theory of law is the most striking—and ... More


Discretion and Public Policy: Timing the Unity and Divergence of Legal Orders

Hans Lindahl

in The Coherence of EU Law: The Search for Unity in Divergent Concepts

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199232468
eISBN:
9780191716027
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199232468.003.0013
Subject:
Law, EU Law

This chapter views discretion not only as the scope of legal power, but also as power over the scope of the law. This sheds light on the process by which the EC and its Member States negotiate the ... More


Constituent Power and Reflexive Identity: Towards an Ontology of Collective Selfhood

Hans Lindahl

in The Paradox of Constitutionalism: Constituent Power and Constitutional Form

Published in print:
2008
Published Online:
January 2009
ISBN:
9780199552207
eISBN:
9780191709654
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199552207.003.0002
Subject:
Law, Philosophy of Law, Constitutional and Administrative Law

This chapter analyses the nature of collective identity implicit in the notion of a political community. Taking the debate between Hans Kelsen and Carl Schmitt on the competing claims to priority of ... More


Towards an Inferential Semantics in Jurisprudence

Christoph Kletzer

in Law and Philosophy

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199237159
eISBN:
9780191705427
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199237159.003.0006
Subject:
Law, Philosophy of Law

Starting from the perception that jurisprudence still predominantly but mostly unconsciously operates under the paradigm of logical empiricism, this chapter presents the following arguments: (i) ... More


Introduction

Lars Vinx

in Hans Kelsen's Pure Theory of Law: Legality and Legitimacy

Published in print:
2007
Published Online:
January 2009
ISBN:
9780199227952
eISBN:
9780191711077
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199227952.003.0001
Subject:
Law, Philosophy of Law

This introductory chapter situates Kelsen's Pure Theory in the context of contemporary legal positivism. The Pure Theory is typically considered to be a forerunner of purely descriptive legal ... More


Normativity and Norms: Critical Perspectives on Kelsenian Themes

Stanley L. Paulson (ed.)

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198763154
eISBN:
9780191695209
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198763154.001.0001
Subject:
Law, Philosophy of Law

Hans Kelsen's efforts in the areas of legal philosophy and legal theory are considered by many scholars of law to be the most influential thinking of recent years. This book makes available some of ... More


Law, Person, and Community: Philosophical, Theological, and Comparative Perspectives on Canon Law

John J. Coughlin

Published in print:
2012
Published Online:
May 2012
ISBN:
9780199756773
eISBN:
9780199932177
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756773.001.0001
Subject:
Law, Philosophy of Law

This book takes up the fundamental question “What is law?” through a comparative study of canon law and secular legal theory. Canon law is analogous to the concept of law described by secular ... More


Intention and Identity: Collected Essays Volume II

John Finnis

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199580064
eISBN:
9780191729386
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199580064.001.0001
Subject:
Law, Philosophy of Law

This volume contains nineteen published and unpublished chapters from 1987 to 2009. They are grouped into four parts. The chapters in the first part examine the ways in which being a person grounds ... More


Vagueness and Legal Theory

TIMOTHY A. O. ENDICOTT

in Vagueness in Law

Published in print:
2000
Published Online:
January 2010
ISBN:
9780198268406
eISBN:
9780191714795
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268406.003.0004
Subject:
Law, Law of Obligations, Philosophy of Law

This chapter addresses the implications of vagueness for understanding the nature of law, and the nature of adjudication, through an argument that ‘higher-order’ vagueness (the vagueness of phrases ... More


The Emergence of Formal Law-Ascertainment in the Theory of the Sources of International Law

d'Aspremont Jean

in Formalism and the Sources of International Law: A Theory of the Ascertainment of Legal Rules

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199696314
eISBN:
9780191732201
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696314.003.0003
Subject:
Law, Public International Law, Philosophy of Law

This chapter discusses the emergence of formal law-ascertainment as it growingly manifested itself in a model of ascertainment based on the pedigree of rules (the so-called source thesis) in general ... More


. Theoretical Approaches to Sovereignty and Legal System

PETER C. OLIVER

in The Constitution of Independence: The Development of Constitutional Theory in Australia, Canada, and New Zealand

Published in print:
2005
Published Online:
January 2010
ISBN:
9780198268956
eISBN:
9780191713200
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268956.003.0012
Subject:
Law, Constitutional and Administrative Law

This chapter attempts an original explanation of the independence of legal systems. The assumption made here is that constitutional independence can be explained, first, by observing that questions ... More


The Interest of the State and the Rule of Law

Neil MacCormick

in Questioning Sovereignty: Law, State, and Nation in the European Commonwealth

Published in print:
1999
Published Online:
January 2010
ISBN:
9780198268765
eISBN:
9780191713118
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198268765.003.0003
Subject:
Law, EU Law

This chapter examines how far any particular state does live up to the rule of law, thereby achieving the character of a law-state. It focuses on a case in the United Kingdom (UK) involving the ... More


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