Hans Kelsen's Normativism - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Hans Kelsen's Normativism write by Carsten Heidemann. This book was released on 2022-03-03. Hans Kelsen's Normativism available in PDF, EPUB and Kindle. 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.
Pure Theory of Law
Pure Theory of Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Pure Theory of Law write by Hans Kelsen. This book was released on 2005. Pure Theory of Law available in PDF, EPUB and Kindle. Reprint of the second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the pure theory of law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of "subjective" law (the rights of a person) and "objective" law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation. Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria's last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria's Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College. Also available in cloth.
Explaining the Normative
Explaining the Normative - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Explaining the Normative write by Stephen P. Turner. This book was released on 2010-05-10. Explaining the Normative available in PDF, EPUB and Kindle. "Explaining the Normative is the first systematic, historically grounded critique of normativism. It identifies the standard normativist pattern of argument, and shows how this pattern depends on circularities, preferred descriptions, problematic transcendental arguments, and regress arguments ending in mysteries."--Jacket.
Normativity and Norms
Normativity and Norms - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Normativity and Norms write by Stanley L. Paulson. This book was released on 1998. Normativity and Norms available in PDF, EPUB and Kindle. 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.
The Cambridge Companion to Legal Positivism
The Cambridge Companion to Legal Positivism - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Cambridge Companion to Legal Positivism write by Torben Spaak. This book was released on 2021-02-04. The Cambridge Companion to Legal Positivism available in PDF, EPUB and Kindle. The book brings together 33 state-of-the-art chapters on the import and the pros and cons of legal positivism.
