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The Pure Theory of Law—Science or Political Theory?

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/9780199227952.003.0002
Subject:
Law, Philosophy of Law

This chapter discusses Kelsen's claim that the Pure Theory of Law is a purely descriptive science of law. This Kelsenian self-understanding turns out to be questionable. Key elements of Kelsen's ... More


Back to the Begriffshimmel? 1 A Plea for an Analytical Perspective in European Law

Niilo Jääskinen

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/9780199232468.003.0019
Subject:
Law, EU Law

This chapter analyzes the Finnish analytical legal positivism in the forms it took from the 1950s to the early 1970s, and explores what kind of questions that approach would entail for the study of ... More


The Pure Theory in Practice: Kelsen's Science of Law

David Dyzenhaus

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

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198298465
eISBN:
9780191685453
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198298465.003.0003
Subject:
Law, Human Rights and Immigration

This chapter presents a summation of Kelsen's view of the nature of law and legal science and of the relation between law, state, and individual. It explores Kelsen's polemic against Schmitt, as well ... More


Law and Sociology: The Constitution and Confrontations of Disciplines

Roger Cotterrell

in Law's Community: Legal Theory in Sociological Perspective

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198264903
eISBN:
9780191682858
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198264903.003.0003
Subject:
Law, Philosophy of Law

How should law as a discipline or intellectual field be viewed sociologically? Indeed, what does it mean to speak of intellectual disciplines, and how can disciplines confront each other? Law and ... 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 Application of the Rule of Inference to Norms

Hans Kelsen

in General Theory of Norms

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198252177
eISBN:
9780191681363
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252177.003.0058
Subject:
Law, Philosophy of Law

This chapter discusses whether the syllogism of traditional propositional logic is applicable — directly or indirectly — to norms. The question is whether the logical thought-process of the syllogism ... More


Danger of Grave Abuses: Attacks on the Legitimacy of Advisory Opinions

Mel A. Topf

in A Doubtful and Perilous Experiment: Advisory Opinions, State Constitutions, and Judicial Supremacy

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199756766
eISBN:
9780199918898
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199756766.003.0002
Subject:
Law, Constitutional and Administrative Law

After the first appearance of an advisory opinion provision in 1780, nothing much happened until the Massachusetts constitutional convention of 1820, where Joseph Story was the first person in ... More


Normativism or the Normative Theory of Legal Science: Some Epistemological Problems *

Riccardo Guastini

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/9780198763154.003.0017
Subject:
Law, Philosophy of Law

Normativism or the normative theory of legal science represents an attempt to describe (and to rationalize) the actual practice and thinking of contemporary jurists. On the one hand, what jurists say ... More


Comparative Law’s Coming of Age? Twenty Years after Critical Comparisons †

Peer C. Zumbansen

in Comparative Law as Transnational Law: A Decade of the German Law Journal

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199795208
eISBN:
9780199919307
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199795208.003.0024
Subject:
Law, Public International Law

This chapter reflects on the legacy of Günter Frankenberg's seminal critique of comparative law theory, “Critical Comparisons,” published in 1985, on the occasion of its twentieth anniversary. After ... More


The Problems of Legal Philosophy

Alf Ross

in On Law and Justice

Published in print:
2019
Published Online:
January 2020
ISBN:
9780198716105
eISBN:
9780191784361
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198716105.003.0001
Subject:
Law, Philosophy of Law

This chapter identifies the only perspective that can make the doctrinal study of law compatible with the methodology of empirical science. The chapter begins with a brief survey of the themes and ... More


The Rhetoric of Criminal Law: Sloganism and Other Coping Mechanisms

Markus D. Dubber

in The Dual Penal State: The Crisis of Criminal Law in Comparative-Historical Perspective

Published in print:
2018
Published Online:
November 2018
ISBN:
9780198744290
eISBN:
9780191805752
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198744290.003.0003
Subject:
Law, Criminal Law and Criminology

Dual Penal State is about the collective failure to address the fundamental challenge of legitimating the threat and use of penal violence in modern liberal states. The first part of the book ... More


Artes Urbanae: Roman Law and Rhetoric

Olga Tellegen-Couperus and Jan Willem Tellegen

in New Frontiers: Law and Society in the Roman World

Published in print:
2013
Published Online:
September 2013
ISBN:
9780748668175
eISBN:
9780748684328
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748668175.003.0003
Subject:
Law, Legal History

Is law a science? That question has triggered much discussion among modern lawyers. However, the question: was Roman law a science? has hardly been discussed by Romanists. For more than two ... More


From the Norman Conquest to the Establishment of Consistory Courts

R. H. Helmholz

in The Oxford History of the Laws of England: The Canon Law and Ecclesiastical Jurisdiction from 597 to the 1640s

Published in print:
2004
Published Online:
March 2012
ISBN:
9780198258971
eISBN:
9780191681882
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198258971.003.0002
Subject:
Law, Legal History

This chapter focuses on the growth of European legal science in general and the formation of the classical canon law in particular. It also talks about three separate developments: first, the English ... More


Is There a Specifically ‘Juristic’ Logic?

Hans Kelsen

in General Theory of Norms

Published in print:
1991
Published Online:
March 2012
ISBN:
9780198252177
eISBN:
9780191681363
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198252177.003.0061
Subject:
Law, Philosophy of Law

In juristic literature, it is sometimes claimed that the logic legal science makes use of — and in particular, the logic applied to legal norms — is not general formal logic, but a different, ... More


Engaging Scholarship: Criminal Law and the Legitimation of Penal Power

Markus D. Dubber

in The Dual Penal State: The Crisis of Criminal Law in Comparative-Historical Perspective

Published in print:
2018
Published Online:
November 2018
ISBN:
9780198744290
eISBN:
9780191805752
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198744290.003.0002
Subject:
Law, Criminal Law and Criminology

Dual Penal State is about the collective failure to address the fundamental challenge of legitimating the threat and use of penal violence in modern liberal states. The first part of the book ... More


Frank Goodnow and the False Cosmopolitanism of Technocracy

Jedidiah J. Kroncke

in The Futility of Law and Development: China and the Dangers of Exporting American Law

Published in print:
2016
Published Online:
January 2016
ISBN:
9780190233525
eISBN:
9780190233549
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190233525.003.0008
Subject:
Political Science, International Relations and Politics

This case study illustrates the larger trends in American legal internationalism that occurred during this era by looking at famed comparativist Frank Goodnow’s mission to write the new Chinese ... More


Revocability of Mutual Wills

Alexandra Braun

in Exploring the Law of Succession: Studies National, Historical and Comparative

Published in print:
2007
Published Online:
March 2012
ISBN:
9780748632909
eISBN:
9780748651436
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748632909.003.0022
Subject:
Law, Comparative Law

This chapter evaluates the contribution of seventeenth-century Dutch legal science in the revocation of mutual wills and its influence on the legal science of Europe. It outlines the development of ... More


Introduction: Popular Sovereignty, Constitutionalism, and the Civil Law

Daniel Lee

in Popular Sovereignty in Early Modern Constitutional Thought

Published in print:
2016
Published Online:
April 2016
ISBN:
9780198745167
eISBN:
9780191806094
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198745167.003.0001
Subject:
Law, Constitutional and Administrative Law, Human Rights and Immigration

This introductory essay concerns the function of popular sovereignty in modern constitutionalism. Perhaps the central interpretive problem concerning popular sovereignty concerns the doctrine’s ... More


[261]The Legal System

Alf Ross

in On Law and Justice

Published in print:
2019
Published Online:
January 2020
ISBN:
9780198716105
eISBN:
9780191784361
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198716105.003.0008
Subject:
Law, Philosophy of Law

Legal material can be systematically divided on the basis of various considerations and criteria. There is no ‘true’ or ‘correct’ system as such, but a division of the system can be regarded as more ... More


The Nature of Sovereignty

Hermann Heller

David Dyzenhaus (ed.)

in Sovereignty: A Contribution to the Theory of Public and International Law

Published in print:
2019
Published Online:
May 2019
ISBN:
9780198810544
eISBN:
9780191847813
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198810544.003.0007
Subject:
Law, Public International Law, Philosophy of Law

This chapter discusses the nature of sovereignty, covering the sovereign state person and sovereignty as a characteristic of the state. It suggests that a dominant tendency of legal science is to see ... More


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