David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 19 (2):131 - 171 (2000)
Authority qua empowerment is theweak reading of authority in Hans Kelsen's writings.On the one hand, this reading appears to beunresponsive to the problem of authority as we know itfrom the tradition. On the other hand, it squares withlegal positivism. Is Kelsen a legal positivist?Not without qualification. For he defends anormativity thesis along with the separation thesis,and it is at any rate arguable that the normativitythesis mandates a stronger reading of authority thanthat modelled on empowerment. I offer, in the paper,a prima facie case on behalf of a stronger reading ofauthority in Kelsen. I go on to argue, however, thatthe textual evidence weighs heavily in favour of theweak reading. Both nomostatics and nomodynamics arepervasive points of view in the Pure Theory of Law,and both reflect species of empowerment as theendpoint of Kelsen's reconstructions.
|Keywords||No keywords specified (fix it)|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Panu Minkkinen (2005). Why is Law a Normative Discipline? On Hans Kelsen's 'Normology'. Res Publica 11 (3):235-249.
Joseph Raz (1979). The Authority of Law: Essays on Law and Morality. Oxford University Press.
Hans Kelsen (1990). General Theory of Norms. Oxford University Press.
Bert van Roermund (2000). Authority and Authorisation. Law and Philosophy 19 (2):201-222.
Hans Kelsen (1992). Introduction to the Problems of Legal Theory: A Translation of the First Edition of the Reine Rechtslehre or Pure Theory of Law. Oxford University Press.
B. Roermund (2000). Authority and Authorisation. Law and Philosophy 19 (2):201-222.
Lars Vinx (2007). Hans Kelsen's Pure Theory of Law: Legality and Legitimacy. Oxford University Press.
B. Celano (2000). Kelsen's Concept of the Authority of Law. Law and Philosophy 19 (2):173-199.
L. S. (2000). The Weak Reading of Authority in Hans Kelsen's Pure Theory of Law. Law and Philosophy 19 (2):131-171.
Added to index2009-01-28
Total downloads39 ( #47,502 of 1,102,037 )
Recent downloads (6 months)12 ( #19,561 of 1,102,037 )
How can I increase my downloads?