Search Results for "pure-theory-of-law"

Pure Theory of Law

Pure Theory of Law

  • Author: Hans Kelsen
  • Publisher: The Lawbook Exchange, Ltd.
  • ISBN: 1584775785
  • Category: Law
  • Page: 356
  • View: 2015
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Kelsen, Hans. Pure Theory of Law. Translation from the Second German Edition by Max Knight. Berkeley: University of California Press, 1967. x, 356 pp. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-578-5. Paperbound. $36.95 * 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.

The Idea of a Pure Theory of Law

The Idea of a Pure Theory of Law

An Interpretation and Defence

  • Author: Christoph Kletzer
  • Publisher: Bloomsbury Publishing
  • ISBN: 1509913440
  • Category: Law
  • Page: 208
  • View: 3615
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Most contemporary legal philosophers tend to take force to be an accessory to the law. According to this prevalent view the law primarily consists of a series of demands made on us; force, conversely, comes into play only when these demands fail to be satisfied. This book claims that this model should be jettisoned in favour of a radically different one: according to the proposed view, force is not an accessory to the law but rather its attribute. The law is not simply a set of rules incidentally guaranteed by force, but it should be understood as essentially rules about force. The book explores in detail the nature of this claim and develops its corollaries. It then provides an overview of the contemporary jurisprudential debates relating to force and violence, and defends its claims against well-known counter-arguments by Hart, Raz and others. This book offers an innovative insight into the concept of Pure Theory. In contrast to what was claimed by Hans Kelsen, the most eminent contributor to this theory, the author argues that the core insight of the Pure Theory is not to be found in the concept of a basic norm, or in the supposed absence of a conceptual relation between law and morality, but rather in the fundamental and comprehensive reformulation of how to model the functioning of the law intended as an ordering of force and violence.

Hans Kelsen's Pure Theory of Law

Hans Kelsen's Pure Theory of Law

Legality and Legitimacy

  • Author: Lars Vinx
  • Publisher: Oxford University Press, USA
  • ISBN: 0199227950
  • Category: Law
  • Page: 230
  • View: 1858
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By showing how Kelsen's theory of law works alongside his political philosophy, the book shows the Pure Theory to be part of a wider attempt to understand how political power can be legitimately exercised in pluralist societies.

Kelsen Revisited

Kelsen Revisited

New Essays on the Pure Theory of Law

  • Author: LuÃs Duarte d'Almeida,John Gardner,Leslie Green
  • Publisher: Bloomsbury Publishing
  • ISBN: 1782252479
  • Category: Law
  • Page: 298
  • View: 4862
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Forty years after his death, Hans Kelsen (1881-1973) remains one of the most discussed and influential legal philosophers of our time. This collection of new essays takes Kelsen's Pure Theory of Law as a stimulus, aiming to move forward the debate on several central issues in contemporary jurisprudence. The essays in Part I address legal validity, the normativity of law, and Kelsen's famous but puzzling idea of a legal system's 'basic norm'. Part II engages with the difficult issues raised by the social realities of law and the actual practices of legal officials. Part III focuses on conceptual features of legal systems and the logical structure of legal norms. All the essays were written for this volume by internationally renowned scholars from seven countries. Also included, in English translation, is an important polemical essay by Kelsen himself.

Introduction to the Problems of Legal Theory

Introduction to the Problems of Legal Theory

A Translation of the First Edition of the Reine Rechtslehre Or Pure Theory of Law

  • Author: Hans Kelsen,Bonnie Litschewski Paulson,Stanley L. Paulson
  • Publisher: Oxford University Press
  • ISBN: 0198265654
  • Category: Law
  • Page: 171
  • View: 9952
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Hans Kelsen is considered to be one of the foremost legal theorists and philosophers of the twentieth century. His writing made an important contribution to many areas, especially those of legal theory and international law. Over a number of decades, he developed an important legal theory which found its first complete exposition in Reine Rechtslehre, or Pure Theory of Law, the first edition of which was published in Vienna in 1934. This is the first English translation of that work. It covers such topics as law and morality, the legal system and its hierarchical structure, the identity of law and state, and international law.

General Theory of Law and State

General Theory of Law and State

  • Author: Hans Kelsen
  • Publisher: The Lawbook Exchange, Ltd.
  • ISBN: 1584777176
  • Category: Law
  • Page: 516
  • View: 9030
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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.

General theory of norms

General theory of norms

  • Author: Hans Kelsen
  • Publisher: Oxford University Press, USA
  • ISBN: N.A
  • Category: History
  • Page: 465
  • View: 5120
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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.

Legal norms and legal science

Legal norms and legal science

a critical study of Kelsen's pure theory of law

  • Author: Ronald Moore
  • Publisher: Univ of Hawaii Pr
  • ISBN: N.A
  • Category: Law
  • Page: 234
  • View: 901
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Uncertainty in International Law

Uncertainty in International Law

A Kelsenian Perspective

  • Author: Jörg Kammerhofer
  • Publisher: Routledge
  • ISBN: 1136939717
  • Category: Law
  • Page: 304
  • View: 8179
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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.

What is Justice?

What is Justice?

Justice, Law, and Politics in the Mirror of Science : Collected Essays

  • Author: Hans Kelsen
  • Publisher: The Lawbook Exchange, Ltd.
  • ISBN: 1584771011
  • Category: Law
  • Page: 397
  • View: 4361
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Kelsen, Hans. What is Justice? Justice, Law and Politics in the Mirror of Science. Berkeley: University of California Press, 1957. [vi], 397 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. ISBN 1-58477-101-1. Cloth. New. $95. * Through the lens of science, Kelsen proposes a dynamic theory of natural law, examines Platonic and Aristotelian doctrines of justice, the idea of justice as found in the holy scriptures, and defines justice as "...that social order under whose protection the search for truth can prosper. 'My' justice, then, is the justice of freedom, the justice of peace, the justice of democracy-the justice of tolerance." (p. 24).

Normativity and Norms

Normativity and Norms

Critical Perspectives on Kelsenian Themes

  • Author: Stanley L. Paulson,Bonnie Litschewski Paulson
  • Publisher: Oxford University Press
  • ISBN: 9780198763154
  • Category: Law
  • Page: 627
  • View: 874
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This remarkable collection contains some of the very best work on themes developed by Hans Kelsen, regarded by many as the most influential legal philosopher of the twentieth century. The volume addresses in rich detail the topic where debate on Kelsen's work has been liveliest: 'normativity' as Kelsen's alternative to both traditional legal positivism and natural law theory. The book boasts a truly international list of contributors, with authors from Europe, North and South America, and Australia - a dozen countries in all.

The Public International Law Theory of Hans Kelsen

The Public International Law Theory of Hans Kelsen

Believing in Universal Law

  • Author: Jochen von Bernstorff
  • Publisher: Cambridge University Press
  • ISBN: 1139488589
  • Category: Law
  • Page: N.A
  • View: 7401
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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.

Trials on Trial

Trials on Trial

The Pure Theory of Legal Procedure

  • Author: Gordon Tullock
  • Publisher: Columbia University Press
  • ISBN: 9780231049528
  • Category: Law
  • Page: 255
  • View: 5166
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Available for the first time in English, this is the definitive account of the practice of sexual slavery the Japanese military perpetrated during World War II by the researcher principally responsible for exposing the Japanese government's responsibility for these atrocities. The large scale imprisonment and rape of thousands of women, who were euphemistically called "comfort women" by the Japanese military, first seized public attention in 1991 when three Korean women filed suit in a Toyko District Court stating that they had been forced into sexual servitude and demanding compensation. Since then the comfort stations and their significance have been the subject of ongoing debate and intense activism in Japan, much if it inspired by Yoshimi's investigations. How large a role did the military, and by extension the government, play in setting up and administering these camps? What type of compensation, if any, are the victimized women due? These issues figure prominently in the current Japanese focus on public memory and arguments about the teaching and writing of history and are central to efforts to transform Japanese ways of remembering the war. Yoshimi Yoshiaki provides a wealth of documentation and testimony to prove the existence of some 2,000 centers where as many as 200,000 Korean, Filipina, Taiwanese, Indonesian, Burmese, Dutch, Australian, and some Japanese women were restrained for months and forced to engage in sexual activity with Japanese military personnel. Many of the women were teenagers, some as young as fourteen. To date, the Japanese government has neither admitted responsibility for creating the comfort station system nor given compensation directly to former comfort women. This English edition updates the Japanese edition originally published in 1995 and includes introductions by both the author and the translator placing the story in context for American readers.

Principles of International Law

Principles of International Law

  • Author: Hans Kelsen
  • Publisher: The Lawbook Exchange, Ltd.
  • ISBN: 1584773251
  • Category: Law
  • Page: 461
  • View: 1260
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Kelsen, Hans. Principles of International Law. New York: Rinehart & Company, Inc. [1952]. xvii, 461 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. ISBN 1-58477-325-1. Cloth. $85. * Upon his retirement from the faculty of University of California at Berkeley in 1952, noted legal philosopher and political scientist Hans Kelsen [1881-1973] produced arguably this his most important work, "... a systematic study of the most important aspects of international law, including international delicts and sanctions, reprisals, the spheres of validity and the essential function of international law, creation and application of international law and national law." Nicoletta Bersier Ladavac, "Hans Kelsen (1881 - 1973) Biographical Note and Bibliography," European Journal of International Law Vol. 9 (1998) No. 2.

Legal Monism

Legal Monism

Law, Philosophy, and Politics

  • Author: Paul Gragl
  • Publisher: Oxford University Press
  • ISBN: 019251606X
  • Category: Law
  • Page: 360
  • View: 3199
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In response to a climate in which respect for international law and the law of the European Union is rapidly losing ground, Paul Gragl advocates for the revival of legal monism as a solution to potentially irresolvable normative conflicts between different bodies of law. In this first comprehensive monograph on the theory as envisaged by the Pure Theory of Law of the Vienna School of Jurisprudence, the author defends legal monism against the competing theories of dualism and pluralism. Drawing on philosophical, epistemological, legal, moral, and political arguments, this book argues that only monism under the primacy of international law takes the law and the concept of legal validity seriously. On a practical level, it offers policy-makers and decision-makers methods of dealing with current problems and a means to restore respect for international law and peaceful international relations. While having the potential to revive and elicit further interest and research in monism and the Pure Theory of Law, the comprehensiveness and scope of the book also make it a choice text for inter-disciplinary scholars.

The Legal Philosophy and Influence of Jeremy Bentham

The Legal Philosophy and Influence of Jeremy Bentham

Essays on 'Of the Limits of the Penal Branch of Jurisprudence'

  • Author: Guillaume Tusseau
  • Publisher: Routledge
  • ISBN: 1317664752
  • Category: Business & Economics
  • Page: 422
  • View: 6834
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Gathering together an impressive array of legal scholars from around the world, this book features essays on Jeremy Bentham’s major legal theoretical treatise, Of the Limits of the Penal Branch of Jurisprudence, reassessing Bentham’s theories of law as well as his impact on jurisprudence. While offering a suggestive picture of contemporary Bentham studies, the book provides a thorough examination of concepts such as legal discourse, legal norms, legal system, and subjective legal positions. The book compares Bentham’s approach with other landmark theories and the works of major legal philosophers including Austin, Hart and Kelsen, and explores Bentham’s treatise through major trends in contemporary legal thought, such as the imperative theory of law, deontic logic, Scandinavian and American legal realisms, the pure theory of law, and critical legal thought. Resisting any apologetic stance, the book elucidates how consistent with Bentham’s all-encompassing project of utilitarian reform ‘Limits’ turns out to be, and how this sheds light on contemporary modes of governance. The book will be great use and interest to scholars and students of contemporary jurisprudence, legal theory, 19th century philosophy, and public law.

The Rule of Law

The Rule of Law

  • Author: Tom Bingham
  • Publisher: Penguin UK
  • ISBN: 0141962011
  • Category: Law
  • Page: 224
  • View: 8941
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'The Rule of Law' is a phrase much used but little examined. The idea of the rule of law as the foundation of modern states and civilisations has recently become even more talismanic than that of democracy, but what does it actually consist of? In this brilliant short book, Britain's former senior law lord, and one of the world's most acute legal minds, examines what the idea actually means. He makes clear that the rule of law is not an arid legal doctrine but is the foundation of a fair and just society, is a guarantee of responsible government, is an important contribution to economic growth and offers the best means yet devised for securing peace and co-operation. He briefly examines the historical origins of the rule, and then advances eight conditions which capture its essence as understood in western democracies today. He also discusses the strains imposed on the rule of law by the threat and experience of international terrorism. The book will be influential in many different fields and should become a key text for anyone interested in politics, society and the state of our world.

The Communist Theory of Law

The Communist Theory of Law

  • Author: Hans Kelsen
  • Publisher: William S. Hein & Co., Inc.
  • ISBN: 9780837723372
  • Category: Law
  • Page: 203
  • View: 4101
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The Law

The Law

  • Author: Frederic Bastiat
  • Publisher: Cosimo, Inc.
  • ISBN: 1596059648
  • Category: Business & Economics
  • Page: 68
  • View: 2444
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French political libertarian and economist CLAUDE FRDRIC BASTIAT (1801-1850) was one of the most eloquent champions of the concept that property rights and individual freedoms flowed from natural law. Here, in this 1850 classic, a powerful refutation of Karl Marx's Communist Manifesto, published two years earlier, Bastiat discusses: . what is law? . why socialism constitutes legal plunder . the proper function of the law . the law and morality . "the vicious circle of socialism" . the basis for stable government . and more.

Moral Rights

Moral Rights

Principles, Practice and New Technology

  • Author: Mira T. Sundara Rajan
  • Publisher: Oxford University Press on Demand
  • ISBN: 0195390318
  • Category: Law
  • Page: 549
  • View: 5072
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The doctrine of moral rights is based on the idea that authors have a special bond with their own creative work. At present, the legal status of moral rights demands clarification and assessment as never before, as the international expansion of moral rights occurs in the new environment of digital technology. Just as the survival of copyright law depends on its capacity to adapt effectively to the new technological environment, a new approach to moral rights is also necessary. Moral Rights: Principles Practice and New Technology is the first work to comprehensively address the role of moral rights in an environment of digital technology, identifying the challenges and confronting moral rights in a digital environment. The challenges are addressed in both practical and theoretical terms, and examples drawn from the legislation and practice of key jurisdictions around the world. Moral Rights concludes with a consideration of how the concept of moral rights can contribute to the re-shaping of copyright law in a digital context.