Pure Theory of Law

Hans Kelsen

Published by University of California Press 1967

Pure Theory of Law

Hans Kelsen
Translated by: Max Knight

https://doi.org/10.1525/9780520312296

Overview
Contents

About this book

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.

Topics

General Interest

Frontmatter Publicly Available Download PDF	I
TRANSLATOR’S PREFACE Publicly Available Download PDF	V
CONTENTS Publicly Available Download PDF	VII
I. LAW AND NATURE Requires Authentication Unlicensed Licensed Download PDF	1
II. LAW AND MORALS Requires Authentication Unlicensed Licensed Download PDF	59
III. LAW AND SCIENCE Requires Authentication Unlicensed Licensed Download PDF	70
IV. THE STATIC ASPECT OF LAW Requires Authentication Unlicensed Licensed Download PDF	108
V. THE DYNAMIC ASPECT OF LAW Requires Authentication Unlicensed Licensed Download PDF	193
VI. LAW AND STATE Requires Authentication Unlicensed Licensed Download PDF	279
VII. STATE AND INTERNATIONAL LAW Requires Authentication Unlicensed Licensed Download PDF	320
VIII. INTERPRETATION Requires Authentication Unlicensed Licensed Download PDF	348

(Deutsch)

Language: English
Publisher: University of California Press
Copyright year: 1967
Edition: Transl. from the 2nd german, rev. and enl. ed., Reprint 2020
Audience: College/higher education;
Pages
- Main content: 368
Keywords: legal theory; philosophy of law; philosophy; theory of law; norms; jurisprudence; applied ethics; ethics; law

eBook

Published: December 16, 2020
ISBN: 9780520312296