Hans Kelsen's Normativist Reductionism

Ratio Juris 21 (2):268-280 (2008)
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Abstract

. This paper discusses Kelsen's attempt at reducing the concept of subjektives Recht to that of objektives Recht. This attempt fails, it is argued, because in Kelsen's theory the concept of subjektives Recht survives concealed within the concept of individual norm, a norm that, pace Kelsen, is not a case of what is objectively right but is precisely what is subjectively right : We could call it “what is individually right.”

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