Normativity and Norms: Critical Perspectives on Kelsenian Themes

Hardcover | November 1, 1997

EditorStanley L. Paulson

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This remarkable collection contains some of the very best work on themes developed by Hans Kelsen, regarded by many as the most influential legal philosopher of the twentieth century. The volume addresses in rich 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 boasts a truly international list of contributors, with authors from Europe, North and South America, and Australia - a dozen countries in all.

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This remarkable collection contains some of the very best work on themes developed by Hans Kelsen, regarded by many as the most influential legal philosopher of the twentieth century. The volume addresses in rich detail the topic where debate on Kelsen's work has been liveliest: 'normativity'as Kelsen's alternative to both traditional ...

Stanley L. Paulson is Professor of Law and Professor of Philosophy, Washington University St. Louis. He is considered to be one of the leading authorities on Kelsen, and in conjunction with his wife translated into English the first edition of Kelsen's Pure Theory of Law , which has received wide acclaim.

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Format:HardcoverDimensions:682 pages, 9.21 × 6.14 × 1.61 inPublished:November 1, 1997Publisher:Oxford University Press

The following ISBNs are associated with this title:

ISBN - 10:0198763158

ISBN - 13:9780198763154

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Table of Contents

AbbreviationsIntroductionPart I. Intellectual Debts1. Hans Kelsen: Foreword to the Second Printing of Main Problems in the Theory of Public Law (1923)2. Stanley L. Paulson: Kelsen's Earliest Legal Theory: Critical ConstructivismPart II. Normativity and the Scope of Kelsen's Theory3. H.L.A. Hart: Kelsen Visited4. Joseph Raz: Kelsen's Theory of the Basic Norm5. Tony Honore: The Basic Norm of a Society6. Alf Ross: The Law as Pure `Sollen' sui generis7. Jose Juan Moreso and Pablo Navarro: The Reception of Norms and Open Legal SystemsPart III. The Normativity Problematic: Kantian Arguments versus Kelsen without Kant[Part III] A. A Kantian or Neo-Kantian Dimension in the Pure Theory of Law?8. Hans Kelsen: Pure Theory of Law, `Labandism', and Neo-Kantianism. A Letter to Renato Treves9. Stefan Hammer: A Neo-Kantian Theory of Legal Knowledge in Kelsen's Pure Theory of Law10. Geert Edel: The Hypothesis of the Basic Norm: Hans Kelsen and Hermann Cohen11. Gerhard Luf: On the Transcendental Import of Kelsen's Basic Norm[Part III] B. Kelsen without Kant12. Carlos Santiago Nino: Some Confusions Surrounding Kelsen's Concept of Legal Validity13. Ernesto Garzon Valdes: Two Models of Legal Validity: Hans Kelsen and Francisco Suarez14. Joseph Raz: The Purity of the Pure Theory15. Deryck Beyleveld and Roger Brownsword: Methodological Syncretism in Kelsen's Pure Theory of LawPart IV. Toward a Theory of Legal Norms[Part IV] A. Ramifications of Kelsen's Post-1960 Shift16. Eugenio Bulygin: An Antinomy in Kelsen's Pure Theory of Law17. Riccardo Guastini: Normativism or the Normative Theory of Legal Science: Some Epistemological Problems18. Bruno Celano: Norm Conflicts: Kelsen's View in the Late Period and a Rejoinder[Part IV] B. On the Expressive Conception of Norms19. Georg Henrik von Wright: Is and Ought20. Carlos E. Alchourron and Eugenio Bulygin: The Expressive Conception of Norms21. Ota Weinberger: The Expressive Conception of Norms: An Impasse for the Logic of NormsPart V. Powers, Legal Powers, and Empowering Norms22. Norberto Bobbio: Kelsen and Legal Power23. Agostino Carrino: Reflections on Science, Law, and Power24. Joseph Raz: Voluntary Obligations and Normative Powers25. Dick W.P. Ruiter: Legal Powers26. Neil MacCormick: Powers and Power-Conferring NormsPart VI. On the Theory of Public International Law27. Joseph G. Starke: Monism and Dualism in the Theory of International Law, (1938)28. Hans Kelsen: Sovereignty, (1962)29. H.L.A. Hart: Kelsen's Doctrine of the Unity of LawList of ContributorsIndex of SubjectsIndex of Names

Editorial Reviews

`This remarkable volume brings together some of the most important work on legal positivism written in this century, including newer essays by eminent scholars in the field. And in an introductory essay, Stanley L. Paulson provides an illuminating account of the major strengths and attendantshortcomings of Kelsen's Pure Theory of Law. In short, the volume is indispensable reading for anyone interested not just in the theory of legal positivism but in legal theory generally.'Alexander Somek, University of Vienna