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Hans Kelsen's Pure Theory of Law is the most prominent example of legal normativism. This text traces its origins and its genesis. In philosophy, normativism started with Hume's distinction between Is- and Ought-propositions. Kant distinguished practical from theoretical judgments, while resting even the latter on normativity. Following him, Lotze and the Baden neo-Kantians instrumentalized normativism to secure a sphere of knowledge which is not subject to the natural sciences. Even in his first major text, Kelsen claims that law is solely a matter of Ought or normativity. In the second phase of his writings, he places himself into the neo-Kantian tradition, holding legal norms to be Ought-judgments of legal science. In the third phase, he advocates a barely coherent naive normative realism. In the fourth phase, he supplements the realist view with a strict will-theory of norms, coupled with set-pieces from linguistic philosophy; classical normativism is more or less dismantled.
Law --- Philosophy. --- Kelsen, Hans, --- Jurisprudence --- Kelʹzen, Gans, --- Kʻo-lu-sun, --- קלזן, הנס,
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Law --- Walter, Robert --- Kelsen, Hans --- Philosophy --- Jurisprudence --- Kelsen, Hans, --- Walter, Robert, --- Kelʹzen, Gans, --- Kʻo-lu-sun, --- קלזן, הנס, --- Law - Philosophy
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Law --- Philosophy. --- Kelsen, Hans --- Philosophy --- -Philosophy --- Kelsen, Hans, --- Jurisprudence --- Kelʹzen, Gans, --- Kʻo-lu-sun, --- קלזן, הנס, --- Law - Philosophy
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Using newly translated papers and some of the best extant writings on Kelsen's theory, this volume covers topics including competing ideas on the nature of law, legal validity, legal powers and the unity of municipal and international law.
Law --- Law, Politics & Government --- Law, General & Comparative --- Philosophy --- Kelsen, Hans, --- Jurisprudence --- Kelʹzen, Gans, --- Kʻo-lu-sun, --- קלזן, הנס,
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Law --- Droit --- Philosophy --- Philosophie --- Kelsen, Hans, --- Hart, H. L. A. --- Philosophy. --- Kelʹzen, Gans, --- Kʻo-lu-sun, --- קלזן, הנס, --- Hart, Herbert Lionel Adolphus, --- Jurisprudence --- Law - Philosophy
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Law --- Jurisprudence --- Philosophy --- Kelsen, Hans, --- Kelʹzen, Gans, --- Kʻo-lu-sun, --- קלזן, הנס, --- Legal theory and methods. Philosophy of law --- Kelsen, Hans
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This analysis of Hans Kelsen's international law theory takes into account the context of the German international legal discourse in the first half of the twentieth century, including the reactions of Carl Schmitt and other Weimar opponents of Kelsen. The relationship between his Pure Theory of Law and his international law writings is examined, enabling the reader to understand how Kelsen tried to square his own liberal cosmopolitan project with his methodological convictions as laid out in his Pure Theory of Law. Finally, Jochen von Bernstorff discusses the limits and continuing relevance of Kelsenian formalism for international law under the term of 'reflexive formalism', and offers a reflection on Kelsen's theory of international law against the background of current debates over constitutionalisation, institutionalisation and fragmentation of international law. The book also includes biographical sketches of Hans Kelsen and his main students Alfred Verdross and Joseph L. Kunz.
International law --- History. --- Kelsen, Hans, --- Kelʹzen, Gans, --- Kʻo-lu-sun, --- קלזן, הנס, --- Law --- General and Others --- International law - History --- Kelsen, Hans, - 1881-1973
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Legal theory and methods. Philosophy of law --- Kelsen, Hans --- Merkl, A. --- 340.11 --- Rechtstheorie. Rechtsvinding--(algemeen) --- Law --- -Merkl, Adolf --- Philosophy --- 340.11 Rechtstheorie. Rechtsvinding--(algemeen) --- Jurisprudence --- Kelsen, Hans, --- Merkl, Adolf, --- Merkl, Adolf Julius, --- Kelʹzen, Gans, --- Kʻo-lu-sun, --- קלזן, הנס,
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Legal theory and methods. Philosophy of law --- Kelsen, Hans --- --Théorie du droit --- --Law --- Philosophy --- Kelsen, Hans, --- 340.1 --- Rechtstelsels: soorten en vormen --- Law --- -Philosophy --- Philosophy. --- 340.1 Rechtstelsels: soorten en vormen --- Jurisprudence --- Kelʹzen, Gans, --- Kʻo-lu-sun, --- קלזן, הנס, --- Théorie du droit --- Law - Philosophy --- Kelsen, Hans, - 1881-1973
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Law --- Droit --- Philosophy --- Philosophie --- Kelsen, Hans, --- Political and social views --- Pensée politique et sociale --- Political science --- Kelsen, Hans --- Pensée politique et sociale --- Règle de droit. --- Philosophie politique. --- Droit et politique. --- Philosophie. --- Contribution à la philosophie politique. --- Critique et interprétation. --- Règle de droit. --- Jurisprudence --- Political philosophy --- Kelʹzen, Gans, --- Kʻo-lu-sun, --- קלזן, הנס, --- Political science - Philosophy --- Law - Philosophy --- Political and social views.
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