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, 356 pp. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-578-5. Paperbound. $36.95 * 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.
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Legal Capacity Rechtsfahigkeit 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