Introduction to the Problems of Legal Theory: A Translation of the First Edition of the Reine Rechtslehre or Pure Theory of Law
David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
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Oxford University Press (1992)
One of the leading legal philosophers of this century, Kelsen published this short treatise in 1934, when the neo-Kantian influence on his work was at its zenith. An earlier, "constructivist" phase had been displaced by his effort to provide something approximating a neo-Kantian foundation for his theory. If this second phase represents the Pure Theory of Law in its most characteristic form, then the present treatise may well be its central text. And of Kelsen's many statements of the Pure Theory, this one is surely the most accessible. Topics covered include the legal norm and Kelsen's normativity thesis, law and morality, the role of ideology, the concept of the legal person, legal interpretation, the identity of law and state, and the theory of international law. Among the appendices is an annotated bibliography of secondary literature on Kelsen.
|Keywords||Jurisprudence Law Philosophy|
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|Call number||K339.K4413 1992|
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Frederick Schauer (2010). Was Austin Right After All? On the Role of Sanctions in a Theory of Law. Ratio Juris 23 (1):1-21.
Torben Spaak (2011). Karl Olivecrona's Legal Philosophy. A Critical Appraisal. Ratio Juris 24 (2):156-193.
Torben Spaak (2009). Karl Olivecrona on Judicial Law-Making. Ratio Juris 22 (4):483-498.
E. N. G. Svein (2011). Lost in the System or Lost in Translation? The Exchanges Between Hart and Ross. Ratio Juris 24 (2):194-246.
Stefano Civitarese Matteucci (2010). Is Legal Positivism as Worthless as Many Italian Scholars of Public Law Depict It? Ratio Juris 23 (4):505-539.
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