Kluwer Law International (2000)

Abstract
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 to legal theorists in general, the treatise purports to show that Kelsen's doctrine lends itself to an interpretation according to which the very act of "presupposing" the Grundnorm can be understood as a Grund, i.e. normative source of all positive law; and, what is more, that this interpretation admits of addressing the issue of the (formal) legitimacy of supra-national and directly applicable rules and other norms.
Keywords Law Philosophy
Categories (categorize this paper)
Reprint years 2002
Call number K339.B56 2002
ISBN(s) 904818472X   9041118675   9789041118677
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 53,634
External links

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.

Add more references

Citations of this work BETA

From Text to Image: The Sacred Foundation of Western Institutional Order: Legal-Semiotic Perspectives. [REVIEW]Paolo Heritier - 2013 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 26 (1):163-190.

Add more citations

Similar books and articles

Analytics

Added to PP index
2009-01-28

Total views
79 ( #120,317 of 2,348,976 )

Recent downloads (6 months)
4 ( #186,326 of 2,348,976 )

How can I increase my downloads?

Downloads

My notes