Normativity and NormsCritical Perspectives on Kelsenian Themes

Stanley L. Paulson

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Comparative constitutional jurisprudence studies Brazilian Legal Issues Legal and Social Philosophy

Abstract

Abstract Hans Kelsen's efforts in the areas of legal philosophy and legal theory are considered by many scholars of law to be the most influential thinking of recent years. This book makes available some of the best work extant on Kelsen's theory, including chapters newly translated into English. The volume addresses in detail the topic where debate on Kelsen's work has been liveliest: ‘normativity’ as Kelsen's alternative to both traditional legal positivism and natural law theory. The book covers such topics as competing philosophical positions on the nature of law, legal validity, legal powers, and the unity of municipal and international law. It also throws much light on Kelsen's intellectual milieu — as well as his intellectual debts.

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