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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


Launching the Universalist Project

Mónica García-Salmones Rovira

in The Project of Positivism in International Law

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199685202
eISBN:
9780191765407
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685202.003.0009
Subject:
Law, Public International Law, Philosophy of Law

This chapter examines Kelsen's universalist aspect, which is equated with his theoretical goal for legal unity. It begins with an analysis of his placement of the judge at the centre of the ... More


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


The Original Kelsen: the Epistemological Method

Mónica García-Salmones Rovira

in The Project of Positivism in International Law

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199685202
eISBN:
9780191765407
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685202.003.0007
Subject:
Law, Public International Law, Philosophy of Law

This chapter discusses the epistemological foundations of Kelsen's method, its evolutionism, its economic empiricism and individualism in sociology and morality, and the concrete techniques by which ... More


The Scientific Method of International Law: Kelsen

Mónica García-Salmones Rovira

in The Project of Positivism in International Law

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199685202
eISBN:
9780191765407
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685202.003.0005
Subject:
Law, Public International Law, Philosophy of Law

This chapter analyses Hans Kelsen's philosophical politics and the legal theory that they produced. Since the early decades of the twentieth century, European international lawyers who have flocked ... 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


Biography and Important Influences

Mónica García-Salmones Rovira

in The Project of Positivism in International Law

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199685202
eISBN:
9780191765407
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685202.003.0006
Subject:
Law, Public International Law, Philosophy of Law

This chapter presents a biographical sketch of Hans Kelsen. It first details his life, with special emphasis on the connections of his personal path with the development of his legal theory. It then ... More


Legality and Legitimacy: Carl Schmitt, Hans Kelsen, and Hermann Heller in Weimar

David Dyzenhaus

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198298465
eISBN:
9780191685453
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298465.001.0001
Subject:
Law, Human Rights and Immigration

This book investigates one of the oldest questions of legal philosophy —the relationship between law and legitimacy. It analyses the legal theories of three eminent public lawyers of the Weimar era, ... More


Norm Conflicts: Kelsen's View in the Late Period and a Rejoinder *

Bruno Celano

in Normativity and Norms: Critical Perspectives on Kelsenian Themes

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198763154
eISBN:
9780191695209
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198763154.003.0019
Subject:
Law, Philosophy of Law

In ‘Law and Logic’ (1965) and in the last chapters of General Theory of Norms (1979), Hans Kelsen argues that the principle of non-contradiction and the rule of deductive inference cannot, either 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


The Pure Theory of Law and Interpretive Sociology—A Basis for Interdisciplinarity?

Hamish Ross

in Law and Sociology

Published in print:
2006
Published Online:
March 2012
ISBN:
9780199282548
eISBN:
9780191700200
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199282548.003.0005
Subject:
Law, Philosophy of Law

This chapter addresses the prospects of the association between academic disciplines that have rarely been thought to be mutually compatible — on one hand the academic study of law (specifically, the ... More


Reflections on Legal Science, Lew, and Power *

Agostino Carrino

in Normativity and Norms: Critical Perspectives on Kelsenian Themes

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198763154
eISBN:
9780191695209
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198763154.003.0027
Subject:
Law, Philosophy of Law

A theory can be assessed either for its practical results, that is to say, its technical utility, its uses, or for its logical rigour, its formal coherence, its freedom from contradiction. Even if no ... 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


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


Kelsen's Theory of the Basic Norm *

Joseph Raz

in Normativity and Norms: Critical Perspectives on Kelsenian Themes

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198763154
eISBN:
9780191695209
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198763154.003.0003
Subject:
Law, Philosophy of Law

Of all the various doctrines of Kelsen's legal philosophy it is his theory of the basic norm that has attracted most attention and captured the imagination of many scholars. It has acquired ... More


Kelsen's Doctrine of the Unity of Law *

H.L.A. Hart

in Normativity and Norms: Critical Perspectives on Kelsenian Themes

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198763154
eISBN:
9780191695209
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198763154.003.0030
Subject:
Law, Philosophy of Law

This chapter examines one of the most striking doctrines expounded by Hans Kelsen in his General Theory of Law and State and his more recent Pure Theory of Law. The central positive contention is ... More


The Emergence of Constitutional Law as a Positive Discipline

Jo Eric Khushal Murkens

in From Empire to Union: Conceptions of German Constitutional Law since 1871

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199671885
eISBN:
9780191751196
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199671885.003.0002
Subject:
Law, Constitutional and Administrative Law, Legal History

This chapter discusses the rise of public law as a self-governing discipline. The Allgemeine Staatslehre (the classic public law discipline) is based on, but transcends, Aristotle’s Politics, Hegel’s ... More


A Neo-Kantian Theory of Legal Knowledge in Kelsen's Pure Theory of Law? *

Stefan Hammer

in Normativity and Norms: Critical Perspectives on Kelsenian Themes

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198763154
eISBN:
9780191695209
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198763154.003.0009
Subject:
Law, Philosophy of Law

This chapter focuses on whether the Kelsenian doctrine of the basic norm can be reconstructed in neo-Kantian terms as the central element in a transcendental theory of legal knowledge. The first ... More


The Invention of the Superego: Freud and Kelsen, 1922

Étienne Balibar

in Citizen Subject: Foundations for Philosophical Anthropology

Published in print:
2016
Published Online:
May 2017
ISBN:
9780823273607
eISBN:
9780823273652
Item type:
chapter
Publisher:
Fordham University Press
DOI:
10.5422/fordham/9780823273607.003.0015
Subject:
Political Science, Political Theory

This chapter synthesizes a number of hypotheses centered around the invention of the superego (Über-Ich) and simultaneously upon the relation between psychoanalytic discourse and the problem of the ... More


‘Foreword’ to the Second Printing of Main Problems in the Theory of Public Law *

Hans Kelsen

in Normativity and Norms: Critical Perspectives on Kelsenian Themes

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198763154
eISBN:
9780191695209
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198763154.003.0001
Subject:
Law, Philosophy of Law

This chapter presents the ‘Foreword’ to the Second Printing (1923) of Main Problems in the Theory of Public Law. The ‘Foreword’, Kelsen's sketch of the development of legal history in the early ... More


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