Introduction to the Problems of Legal Theory: A Translation of the First Edition of the Reine Rechtslehre Or Pure Theory of Law

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Clarendon Press, 1992 - Social Science - 171 pages
One of the leading legal philosophers of this century, Kelsen published this short treatise in 1934, when the neo-Kantian influence on his work was at its zenith. An earlier, "constructivist" phase had been displaced by his effort to provide something approximating a neo-Kantian foundation for his theory. If this second phase represents the Pure Theory of Law in its most characteristic form, then the present treatise may well be its central text. And of Kelsen's many statements of the Pure Theory, this one is surely the most accessible. Topics covered include the legal norm and Kelsen's normativity thesis, law and morality, the role of ideology, the concept of the legal person, legal interpretation, the identity of law and state, and the theory of international law. Among the appendices is an annotated bibliography of secondary literature on Kelsen.

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User Review  - thcson - LibraryThing

Hans Kelsen had an unusual theoretical aptitude. His theory of law is so general, in an Aristotelian way, that one can imagine someone reading it with keen interest even a thousand years from now ... Read full review


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Stanley L. Paulson is at Washington University.

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