This work offers a fundamental re-evaluation of Hans Kelsen's Pure Theory of Law, a key text in modern legal philosophy. Kelsen's theory of law works alongside his political philosophy, revealing the Pure Theory as part of a wider attempt to understand how political power can be legitimately exercised in pluralist societies.
This work offers a fundamental re-evaluation of Hans Kelsen's Pure Theory of Law, a key text in modern legal philosophy. Kelsen's theory of law works alongside his political philosophy, revealing the Pure Theory as part of a wider attempt to understand how political power can be legitimately exercised in pluralist societies.
Lars Vinx is Assistant Professor of Philosophy at Bilkent University in Ankara, Turkey and formerly a Max Weber Postdoctoral Fellow in the Department of Law at the European University Institute in Florence, Italy.
Inhaltsangabe
* 1: Introduction * Three paradigms of legal positivism * Kelsen's legal science * Kelsen's legal politics and the identity of law and state * Democracy, constitutionalism, and legal peace in Kelsen's utopia of legality * 2: The Pure Theory of Law - Science or Political theory? * Law and Nature - Subjective and Objective Legal Meaning * Kelsen's theory of legal order * Kelsen and theoretical anarchism: The pure theory as critique of ideology * Conclusions on Law and Nature * Law and Morality * The pure theory as a theory of legal legitimacy * Kelsen and the separation of law and morality * Further questions * 3: Kelsen's Principles of Legality * Legal hierarchy and depersonalization of the state * Kelsen's principle of legality I: Nullity * Kelsen's principle of legality II: Voidability * The sovereignty of law: The doctrine of normative alternatives reconsidered * Further questions * 4: Kelsen's Theory of Democracy - Reconciliation with Social Order * Kelsen on the 'torment of heteronomy' * The failure of the argument from deliverance * Kelsen's defense of majority rule: The argument from reconciliation * Freedom and Compromise: Democracy and constitutional entrenchment * Kelsen's relativism * 5: Democratic Constitutionalism - Kelsen's Theory of Constitutional Review * Kelsen's conception of adjudication: Implications for a theory of review * Kelsen on the concept of constitution * Constitutional values and judicial role * 6: Kelsen's Legal Cosmopolitanism * Kelsen and the dogma of sovereignty * Kelsen's doctrine of the unity of law - a defence * On the viability of legal cosmopolitanism * The moral relevance of Kelsen's legal cosmopolitanism * VII: Conclusions - The Pure Theory of Law and Contemporary Positivism
* 1: Introduction * Three paradigms of legal positivism * Kelsen's legal science * Kelsen's legal politics and the identity of law and state * Democracy, constitutionalism, and legal peace in Kelsen's utopia of legality * 2: The Pure Theory of Law - Science or Political theory? * Law and Nature - Subjective and Objective Legal Meaning * Kelsen's theory of legal order * Kelsen and theoretical anarchism: The pure theory as critique of ideology * Conclusions on Law and Nature * Law and Morality * The pure theory as a theory of legal legitimacy * Kelsen and the separation of law and morality * Further questions * 3: Kelsen's Principles of Legality * Legal hierarchy and depersonalization of the state * Kelsen's principle of legality I: Nullity * Kelsen's principle of legality II: Voidability * The sovereignty of law: The doctrine of normative alternatives reconsidered * Further questions * 4: Kelsen's Theory of Democracy - Reconciliation with Social Order * Kelsen on the 'torment of heteronomy' * The failure of the argument from deliverance * Kelsen's defense of majority rule: The argument from reconciliation * Freedom and Compromise: Democracy and constitutional entrenchment * Kelsen's relativism * 5: Democratic Constitutionalism - Kelsen's Theory of Constitutional Review * Kelsen's conception of adjudication: Implications for a theory of review * Kelsen on the concept of constitution * Constitutional values and judicial role * 6: Kelsen's Legal Cosmopolitanism * Kelsen and the dogma of sovereignty * Kelsen's doctrine of the unity of law - a defence * On the viability of legal cosmopolitanism * The moral relevance of Kelsen's legal cosmopolitanism * VII: Conclusions - The Pure Theory of Law and Contemporary Positivism
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