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Uta Bindreiter [6]Uta U. Bindreiter [1]
  1. Uta Bindreiter (2007). On Positivism and Other Isms. Archiv Fuer Rechts-Und Sozialphilosphie 93 (3):321-344.
    This paper is concerned with the term positivist. Adducing a well-known Swedish debate where the meaning of this term is manifestly coloured by the speakers' participation in particular discourses, the author argues that the term is ultimately a discursive construct, unsuited to the needs of legal theoreticians in quest of clarity.
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  2. Uta Bindreiter (2006). Aleksander Peczenik: Bibliography 1962?2005. Ratio Juris 19 (4):518-533.
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  3. Uta Bindreiter (2005). The Modality of Kelsen's Sollsatz. Rechtstheorie 21:167-178.
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  4. Uta Bindreiter (2002). Why Grundnorm?: A Treatise on the Implications of Kelsen's Doctrine. Kluwer Law International.
    Who presupposes Kelsen's basic norm? Is it possible to defend the presupposition in a way that is convincing? And what difference does the presupposition make? Endeavouring to highlight the role of basic assumptions in the law, the author argues that the verb "to presuppose', with Kelsen, has not only a conceptual but also a normative dimension; and that the expression 'presupposing the basic norm'is adequate in so far as it marks the descriptive-normative nature of utterances made in specifically legal speech-situations.Addressed (...)
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  5. Uta U. Bindreiter (2001). Presupposing the Basic Norm. Ratio Juris 14 (2):143-175.
    According to Hans Kelsen, the basic norm is the necessary presupposition of the positivistic cognition of law, making possible both descriptive legal cognition and Verbindlichkeit. The nature of the presupposition in question here has been a subject of controversy ever since. Presupposing the basic norm gives rise to formulations that are neither purely descriptive nor purely normative. The author contends that Kelsen's doctrine of the basic norm was intended to apply to all jurists irrespective of function. Kelsen, without being aware (...)
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  6. Uta Bindreiter (1998). Motivating the Direct Applicability of Community Law. Rechtstheorie 18:105-116.
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