David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 19 (2):201-222 (2000)
The core of Kelsen's strong views on authority emerging from his concept of law is this:Authority of law, authority in law and authority about law are one and the same thing. The conceptual problems suggested by these three different prepositions must and can be solved in one fell swoop. Kelsen's core view will first be probed by giving an account of what is a promising approach offered in a fairly early text, Das Problem der Souveränität, namely, what it means to `set' or `posit' the law. Inevitably, this leads to an interpretation of the Grundnorm, one that intends to accommodate as many Kelsenian emphases as possible. The Grundnorm will be presented as a shield against hypostatising authority. From there, some characteristics will be inferred of the type of authority that arises from Kelsen's account of legal knowledge, which will be called, somewhat polemically, authority without an author.
|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
Scott Hershovitz (2011). The Role of Authority. Philosophers' Imprint 11 (7).
John Wilson (1992). The Primacy of Authority. Journal of Moral Education 21 (2):115-124.
Joseph Raz (2009). Between Authority and Interpretation: On the Theory of Law and Practical Reason. Oxford University Press.
Maarten Wisse (2000). The Meaning of the Authority of the Bible. Religious Studies 36 (4):473-487.
H. Lindahl (2000). Authority and Representation. Law and Philosophy 19 (2):223-246.
Stanley L. Paulson (2000). The Weak Reading of Authority in Hans Kelsen's Pure Theory of Law. Law and Philosophy 19 (2):131 - 171.
L. S. (2000). The Weak Reading of Authority in Hans Kelsen's Pure Theory of Law. Law and Philosophy 19 (2):131-171.
B. Celano (2000). Kelsen's Concept of the Authority of Law. Law and Philosophy 19 (2):173-199.
Bert van Roermund (2000). Authority and Authorisation. Law and Philosophy 19 (2):201-222.
Added to index2009-01-28
Total downloads11 ( #136,262 of 1,100,829 )
Recent downloads (6 months)2 ( #176,557 of 1,100,829 )
How can I increase my downloads?