Res Publica 11 (3):235-249 (2005)
What does it mean to claim of law that it is a normative discipline? Can the answer be so simple that one need merely refer to law’s normative object of study and the conclusions that the legal participant must allegedly draw from this? What, in any case, is a ‘normative discipline’? The essay attempts to address these questions by analysing Hans Kelsen’s ‘normological’ theory of law through his work on sovereignty and especially by focusing on the normative character of Kelsen’s epistemological claims regarding law. A theoretical critique of Kelsen is offered through Edmund Husserl’s phenomenological account of logic as a normative discipline.
|Keywords||epistemology law logic norms phenomenology pure theory of law|
|Categories||categorize this paper)|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
The Weak Reading of Authority in Hans Kelsen's Pure Theory of Law.Stanley L. Paulson - 2000 - Law and Philosophy 19 (2):131 - 171.
Normativity and Norms: Critical Perspectives on Kelsenian Themes.Stanley L. Paulson & Bonnie Litschewski Paulson (eds.) - 1998 - Oxford University Press.
The Weak Reading of Authority in Hans Kelsen's Pure Theory of Law.L. S. - 2000 - Law and Philosophy 19 (2):131-171.
Introduction to the Problems of Legal Theory: A Translation of the First Edition of the Reine Rechtslehre or Pure Theory of Law.Hans Kelsen - 1992 - Oxford University Press.
The Basic Norm and Democracy in Hans Kelsen’s Legal and Political Theory.Andreas Kalyvas - 2006 - Philosophy and Social Criticism 32 (5):573-599.
Why Grundnorm?: A Treatise on the Implications of Kelsen's Doctrine.Uta Bindreiter - 2000 - Kluwer Law International.
Hans Kelsen's Pure Theory of Law: Legality and Legitimacy.Lars Vinx - 2007 - Oxford University Press.
Added to index2009-01-28
Total downloads58 ( #88,111 of 2,153,834 )
Recent downloads (6 months)3 ( #225,089 of 2,153,834 )
How can I increase my downloads?