Description
Book SynopsisHans Kelsen's legal philosophy and legal theory is regarded by many in the field as the most influential theory in this century. This volume makes available some of the best work extant on Kelsens' theory, including papers newly translated into English.
Trade Reviewa collection of essays thoroughly edited by Stanley Paulson and Bonnie Litschewski Paulson ... Within this review, it is impossible to give a complete overview of this rich discussion and to relate it to other Kelsenian debates. Fortunately, this is done by Stanley Paulson's instructive introduction ... well chosen collection. * Nils Jansen, Cambridge Law Journal, 1999 *
Centring on the themes closely tied to the most influential legal philosophy and legal theory of the century, this book comprises articles by the best writers in the field, selected and edited by the Paulsons. What is more, the leading authority on Kelson's theory, Stanley Paulson, has contributed a rich and suggestive introduction to the volume. * Robert Alexy, University of Kiel *
This book, on Kelsen and beyond, underscores the role of the normativity of the law in the work of the greatest legal philosopher of our century. * Paolo Comanducci, University of Genoa *
Normativity and Norms is a singlularly distinguished painstakingly edited collection that represents an estimable contribution to international research on Kelson's work. * Ralf Dreier, University of Gottingen *
Once again we are indebted to the Paulsons for the light shed by their masterly scholarship and by their encouragment of other scholars upon the work of a thinker of unique significance in twentieth-century social and practical philosophy. * John Finnis, University College, Oxford University *
Stanley and Bonnie Paulson have brought together an invaluable set of papers that offers not only deep insight into the thinking of one of our preeminent legal philosophers, but also a fresh appreciation of the incomparable impact Kelson's work has had on this century's debates on legal philosophy. Many of these texts are original contributions or have been translated into English for the first time. * Lukas H. Meyer, University of Bremen *
This is the most insightful selection of writings about Hans Kelsen's important theory, edited by the best expert on the subject. All serious students of the Pure Theory of Law will simply have to read it. * Aleksander Peczenik, University of Lund *
This remarkable volume brings together some of the most important work on legal positivism written in this century, including newer essays by eminent scholars in the field. And in an introductory essay, Stanley L. Paulson provides an illuminating account of the major strengths and attendant shortcomings of Kelsen's Pure Theory of Law. In short, the volume is indispensable reading for anyone interested not just in the theory of legal positivism but in legal theory generally. * Alexander Somek, University of Vienna *
Table of ContentsAbbreviations ; Introduction ; PART I. INTELLECTUAL DEBTS ; 1. Foreword to the Second Printing of Main Problems in the Theory of Public Law (1923) ; 2. Kelsen's Earliest Legal Theory: Critical Constructivism ; PART II. NORMATIVITY AND THE SCOPE OF KELSEN'S THEORY ; 3. Kelsen Visited ; 4. Kelsen's Theory of the Basic Norm ; 5. The Basic Norm of a Society ; 6. The Law as Pure 'Sollen' sui generis ; 7. The Reception of Norms and Open Legal Systems ; PART III. THE NORMATIVITY PROBLEMATIC: KANTIAN ARGUMENTS VERSUS KELSEN WITHOUT KANT ; [PART III] A. A KANTIAN OR NEO-KANTIAN DIMENSION IN THE PURE THEORY OF LAW? ; 8. Pure Theory of Law, 'Labandism', and Neo-Kantianism. A Letter to Renato Treves ; 9. A Neo-Kantian Theory of Legal Knowledge in Kelsen's Pure Theory of Law ; 10. The Hypothesis of the Basic Norm: Hans Kelsen and Hermann Cohen ; 11. On the Transcendental Import of Kelsen's Basic Norm ; [PART III] B. KELSEN WITHOUT KANT ; 12. Some Confusions Surrounding Kelsen's Concept of Legal Validity ; 13. Two Models of Legal Validity: Hans Kelsen and Francisco Suarez ; 14. The Purity of the Pure Theory ; 15. Methodological Syncretism in Kelsen's Pure Theory of Law ; PART IV. TOWARD A THEORY OF LEGAL NORMS ; [PART IV] A. RAMIFICATIONS OF KELSEN'S POST-1960 SHIFT ; 16. An Antinomy in Kelsen's Pure Theory of Law ; 17. Normativism or the Normative Theory of Legal Science: Some Epistemological Problems ; 18. Norm Conflicts: Kelsen's View in the Late Period and a Rejoinder ; [PART IV] B. ON THE EXPRESSIVE CONCEPTION OF NORMS ; 19. Is and Ought ; 20. The Expressive Conception of Norms ; 21. The Expressive Conception of Norms: An Impasse for the Logic of Norms ; PART V. POWERS, LEGAL POWERS, AND EMPOWERING NORMS ; 22. Kelsen and Legal Power ; 23. Reflections on Science, Law, and Power ; 24. Voluntary Obligations and Normative Powers ; 25. Legal Powers ; 26. Powers and Power-Conferring Norms ; PART VI. ON THE THEORY OF PUBLIC INTERNATIONAL LAW ; 27. Monism and Dualism in the Theory of International Law, (1938) ; 28. Sovereignty, (1962) ; 29. Kelsen's Doctrine of the Unity of Law ; List of Contributors ; Index of Subjects ; Index of Names
