The volume brings together a collection of original papers on some of the main tenets of Joseph Raz's legal and political philosophy: Legal positivism and the nature of law, practical reason, authority, the value of equality, incommensurability, harm, group rights, and multiculturalism.
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. (shrink)
Hans Kelsen's efforts in the areas of legal philosophy and legal theory are considered by many scholars of law to be the most influential thinking of this century. This volume makes available some of the best work extant on Kelsen's theory, including papers newly translated into English. The book covers such topics as competing philosophical positions on the nature of law, legal validity, legal powers, and the unity of municipal and international law. It also throws much light on Kelsen's intellectual (...) milieu--as well as his intellectual debts. (shrink)
In jurisprudential circles the year 1981 might well be dubbed the year of Hans Kelsen, with no fewer than three symposia celebrating the hundredth anniversary of his birth. The Association for Legal and Social Philosophy in the United Kingdom held a conference on Kelsen in Edinburgh in April, giving special attention to “legal epistemology” in the Pure Theory of Law. A symposium of the Austrian Association for Legal and Social Philosophy, held in the Schloss Retzhof near Graz in May, was (...) devoted to Kelsen's political theory and critique of ideology. And the Hans Kelsen Institute in Vienna sponsored a symposium in September on Kelsen's posthumously published work, the Allgemeine Theorie der Normen. All three events were marked by significant international participation, and they point to continuing widespread interest in Kelsen and the Pure Theory of Law. (shrink)