Pure Theory of Law
Kelsen, Hans. Pure Theory of Law. Translation from the Second German Edition by Max Knight. Berkeley: University of California Press, 1967. x, 356pp. Reprinted 2002 by The Lawbook Exchange, Ltd. ISBN 1-58477-206-9. Cloth. New. $95. * The second revised and enlarged edition, being a completely revised version of the first edition which was published in 1934. Kelsen [1881-1973], was the author of more than forty works on law and legal philosophy, and is best known for this title and General Theory of Law and State. He was also the author of the Austrian Democratic Constitution, which was published in 1920, abolished during the Nazi regime, restored in 1945, and in force today. Walker calls Kelsen "possibly the most influential jurisprudent of the twentieth century." Walker, Oxford Companion to Law 699.
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Legal Capacity Rechtsjahigkeit Representation
The Legal Subject the Person
g The Abolition of the Dualism of Right and Obligation
THE DYNAMIC ASPECT
LAW AND STATE
International Law and National Law
Legal Obligation Duty and Liability
d Individual and Collective Liability
Capacity to Act Competence the Concept of Organ
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according administrative applied ascertained assertion attributed authorized basic norm behave causality causally determined character civil execution coercive act coercive order cognition commands committing a delict concept concrete condition conform constitution corporation court customary law described determined directed dualism effective established exercise exists fulfill function Hans Kelsen havior human behavior imputation individual legal norm individual norm international law interpreted judicial decision juristic person law-applying organ legal community legal obligation legal positivism legal power legal transaction legislative organ liability merely moral national law national legal order natural law nature nonfulfillment normative order obli obligations and rights official performed positive law positive legal order possible prescribed presupposed principle procedure prohibited punishment Pure Theory question Rechtsstaat reflex right regarded regulates relation represents rule of law science of law so-called specific sphere of validity statute stipulated subjective meaning ternational territory Theory of Law tion tional tive traditional theory vidual violation
Page 27 - But I say to you, Love your enemies and pray for those who persecute you (Matt. 5:43-44). •Vbu have heard that it was said, 'An eye for an eye and a tooth for a tooth.
Page 27 - You shall love your neighbor and hate your enemy.' But I say to you, Love your enemies and pray for those who persecute you, so that you may be sons of your Father who is in heaven; for he makes his sun rise on the evil and on the good, and sends rain on the just and on the unjust. For if you love those who love you, what reward have you? Do not even the tax collectors do the same?
Page 1 - Uncritically the science of law has been mixed with elements of psychology, sociology, ethics and political theory. This adulteration is understandable, because the latter disciplines deal with subject matters that are closely connected with law. The Pure Theory of Law undertakes to delimit the cognition of law against these disciplines, not because it ignores or denies the connection, but because it wishes to avoid the uncritical mixture of methodologically different disciplines.