Normativity and Norms
Critical Perspectives on Kelsenian Themes
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Product details:
- Publisher OUP Oxford
- Date of Publication 11 February 1999
- ISBN 9780198763154
- Binding Hardback
- No. of pages684 pages
- Size 242x164x41 mm
- Weight 1119 g
- Language English 0
Categories
Short description:
Hans Kelsen's legal philosophy and legal theory is regarded by many in the field as the most influential theory in this century. This volume makes available some of the best work extant on Kelsens' theory, including papers newly translated into English. It covers topics such as competing philosophical positons on the nature of law, legal validity, legal powers, and the unity of municipal and international law, as well as shedding light on Kelsen's intellectual milieu and his intellectual debts.
MoreLong description:
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.
a collection of essays thoroughly edited by Stanley Paulson and Bonnie Litschewski Paulson ... Within this review, it is impossible to give a complete overview of this rich discussion and to relate it to other Kelsenian debates. Fortunately, this is done by Stanley Paulson's instructive introduction ... well chosen collection.
Table of Contents:
Abbreviations
Introduction
Part I. Intellectual Debts
Foreword to the Second Printing of Main Problems in the Theory of Public Law (1923)
Kelsen's Earliest Legal Theory: Critical Constructivism
Part II. Normativity and the Scope of Kelsen's Theory
Kelsen Visited
Kelsen's Theory of the Basic Norm
The Basic Norm of a Society
The Law as Pure `Sollen' sui generis
The Reception of Norms and Open Legal Systems
Part III. The Normativity Problematic: Kantian Arguments versus Kelsen without Kant
[Part III] A. A Kantian or Neo-Kantian Dimension in the Pure Theory of Law?
Pure Theory of Law, `Labandism', and Neo-Kantianism. A Letter to Renato Treves
A Neo-Kantian Theory of Legal Knowledge in Kelsen's Pure Theory of Law
The Hypothesis of the Basic Norm: Hans Kelsen and Hermann Cohen
On the Transcendental Import of Kelsen's Basic Norm
[Part III] B. Kelsen without Kant
Some Confusions Surrounding Kelsen's Concept of Legal Validity
Two Models of Legal Validity: Hans Kelsen and Francisco Suarez
The Purity of the Pure Theory
Methodological Syncretism in Kelsen's Pure Theory of Law
Part IV. Toward a Theory of Legal Norms
[Part IV] A. Ramifications of Kelsen's Post-1960 Shift
An Antinomy in Kelsen's Pure Theory of Law
Normativism or the Normative Theory of Legal Science: Some Epistemological Problems
Norm Conflicts: Kelsen's View in the Late Period and a Rejoinder
[Part IV] B. On the Expressive Conception of Norms
Is and Ought
The Expressive Conception of Norms
The Expressive Conception of Norms: An Impasse for the Logic of Norms
Part V. Powers, Legal Powers, and Empowering Norms
Kelsen and Legal Power
Reflections on Science, Law, and Power
Voluntary Obligations and Normative Powers
Legal Powers
Powers and Power-Conferring Norms
Part VI. On the Theory of Public International Law
Monism and Dualism in the Theory of International Law, (1938)
Sovereignty, (1962)
Kelsen's Doctrine of the Unity of Law
List of Contributors
Index of Subjects
Index of Names
