Law and Philosophy 19 (2):201-222 (2000)
The core of Kelsen's strong views onauthority emerging from his concept of law is this:Authority of law, authority in law andauthority about law are one and the same thing.The conceptual problems suggested by these threedifferent prepositions must and can be solved in onefell swoop. Kelsen's core view will first be probed bygiving an account of what is a promising approachoffered in a fairly early text, Das Problem derSouveränität, namely, what it means to`set' or `posit' the law. Inevitably, this leadsto an interpretation of the Grundnorm, one thatintends to accommodate as many Kelsenian emphases aspossible. The Grundnorm will be presented as ashield against hypostatising authority. From there,some characteristics will be inferred of the type ofauthority that arises from Kelsen's account of legalknowledge, which will be called, somewhat polemically,authority without an author.
|Keywords||Law Logic Philosophy of Law Law Theory/Law Philosophy Political Science Social Issues|
|Categories||categorize this paper)|
References found in this work BETA
No references found.
Citations of this work BETA
The Paradox of Constituent Power. The Ambiguous Self-Constitution of the European Union.Hans Lindahl - 2007 - Ratio Juris 20 (4):485-505.
Notes . Discussion . Book Reviews Hans Kelsen on Norm and Language.William E. Conklin - 2006 - Ratio Juris 19 (1):101-126.
Similar books and articles
Kelsen, Authority and Competence: An Introduction.L. S. & B. Roermund - 2000 - Law and Philosophy 19 (2):125-130.
Between Authority and Interpretation: On the Theory of Law and Practical Reason.Joseph Raz - 2009 - Oxford University Press.
Kelsen, Authority and Competence: An Introduction. [REVIEW]Stanley L. Paulson & Bert van Roermund - 2000 - Law and Philosophy 19 (2):125-130.
The Weak Reading of Authority in Hans Kelsen's Pure Theory of Law.L. S. - 2000 - Law and Philosophy 19 (2):131-171.
The Weak Reading of Authority in Hans Kelsen's Pure Theory of Law.Stanley L. Paulson - 2000 - Law and Philosophy 19 (2):131 - 171.
Added to index2009-01-28
Total downloads16 ( #295,082 of 2,158,893 )
Recent downloads (6 months)2 ( #193,044 of 2,158,893 )
How can I increase my downloads?