Valparaiso University ValpoScholar Law Faculty Publications Law Faculty Presentations and Publications 1-1-2010 A Path Not Taken: Hans Kelsen's Pure Theory of
1 Law, Sovereignty, and Democracy: Hans Kelsen’s Critique of Sovereignty Petra Gümplová Abstract This paper analyzes Hans Kelsen’s critique of sovereignty.
HeinOnline -- 54 Ala. L. Rev. 365 2002-2003 Volume 54 ALABAMA LAW REVIEW Winter 2003 HANS KELSEN AND THE LOGIC OF LEGAL SYSTEMS Michael Steven Green·
Hans Kelsen's Pure Theory of Law: Legality and Legitimacy. New York: Oxford University Press, 2007. 230p. Cloth, $130.00- Legal philosophers in the English speaking world are likely to be familiar with ... legitimacy and obligatory character, however, depends on elements
LEGALITY AND LEGITIMACY Carl Schmitt, Hans Kelsen and Hermann Heller in Weimar DAVID DYZENHAUS Faculty of Law and Department of Philosophy University of Toronto
Kelsen's Pure Theory of Law: Legality and Legitimacy, Oxford University Press, Oxford 2007. 13 In this case effectiveness is used in the meaning of Hans Kelsen’s General Theory of Law and State (1945), The Lawbook Exchange, Clark NJ, 2007, pp. 121 ff. 6
degenerated from a once robust natural law account of the legitimacy of law into a ‘helpless formalism’.4 3 ... 2 See Lars Vinx, Hans Kelsen’s Pure Theory of Law: Legality and Legitimacy (Oxford: Oxford University Press, 2007) 45-50.
discuss an overview of Kelsen’s pure theory of law. ... Hans Kelsen whose pure theory of law is so central to this topic. ... effectiveness of the political change the sole test of its legality. He said that Kelsen’s theory does not accommodate sociological factors of morality and justice which
legitimacy reading of the social crisis with the demand for autonomy and self-regulation called for by the governability reading. ... Hans Kelsen's Pure Theory of Law: Legality and Legitimacy, Oxford University Press, Oxford 2007.
According to CHAÏM PERELMAN, HANS KELSEN'S juridical positivism: " ... the words legality and legitimacy do not have a clearly defined and ... The pure theory of law, just as elaborated by Kelsen, ...
Hans Kelsen’s Pure Theory of Law: Legality and Legitimacy. By Lars Vinx. Oxford; New York: ... Law and Philosophy: Current Legal Issues Volume 10. Ed. by Michael ... Trademark Law and Theory: ...
Page 1 of 21 H. Douglas Barclay Law Library Selected New Acquisitions - Feb. 2008 CD ROM KF1050 .S73 2005 - Law Library - Reserves - Audio Collection
David Dyzenhaus, Legality and Legitimacy – Carl Schmitt, Hans Kelsen and Hermann Heller in Weimar, Oxford University Press, Oxford, 2003. ... Hans Kelsen’s Pure Theory of Law – Legality and Legitimacy, Oxford University Press, Oxford, 2007.
... Hans Kelsen's Pure Theory of Law. For Kelsen, what is specific to legal norms is that they enjoy a * Professor of International Law, Department of ... character or legitimacy may arise, ... Leiden Journal of International Law (1997) 137. 21 Ki, Legality of the Threat or Use of Nuclear ...
Legality and Legitimacy, 4. ... Kelsen’s pure theory is rather different. Though Kant, not Hobbes, is his philosoph- ... legal theory and a natural law theory of immanent principles of legality is close to the vanishing point. 37. 34.
... Legality and Legitimacy, which is ... in Schmi ’s criticism of Kelsen’s “pure theory of law. ... a profound in?uence on the discussion of legal theory and the philosophy of law in the ?rst half of the nine-
hotly disputed,' than constitutional legitimacy. Yet this is not an area into which ... perhaps misled3 by Kelsen's Pure Theory of Law, ... sidered in detail the theory of revolutionary legality, ...
Dyzenhaus, David: Legality and legitimacy. Carl Schmitt, Hans Kelsen und Hermann Heller in Weimar, Oxford u.a. 1997. E ... Moore, Ronald: Legal Norms and Legal Science-A Critical Study of Kelsen’s Pure Theory of Law, Honolulu 1978.
3 Attacks on Kelsen’s theory as an argumentative ground used by despotic and tyrannical gov-ernments have recently been balanced by scholarly works relating his pure theory of law to theories of liberal democracy, ... Legality and Legitimacy, 2004, pp. 5-6. 60 See, for instance, ...
and I inquire into the relevance of Kelsen’s theory of revolutionary legality in the context of coup d’états in Africa. ... of judicial inquiry its legality or legitimacy and the validity of its acts. ... The Pure Theory of Law, written in 1935 at the age of 54, ...
Palermo 2006; L. Vinx, Hans Kelsen’s Pure Theory of Law: Legality and ... M. Troper, Legitimacy, New York 2007 ????? .“Book Review,” University of Toronto L. J. 58 (2008), pp. 521-527 ... “Hans Kelsen's Deontics, ...
çal??an Lars Vinx’in Legality and Legitimacy: Hans Kelsen’s Pure Theory of Law ba?l?kl? bir kitab? ile Stanford ... on Virtue and the Law ba?l?kl? bir kitab? bulunan ve ... Theory, SubStance, Mosaic gibi dergilerde makaleleri
coercive element sits awkwardly in Kelsen's account. To the main thesis of law as a system of norms, ... Legitimacy (or validity) ... H. Kelsen, Pure Theory ofLa1lJ (Berkeley, 1967), p.
Bulyginn 1998 - E. Bulygin, 'An Antinomy in Kelsen's Pure Theory of Law', in: Paul-son/Paulsonn 1998, p. 297v. ... Legality and Legitimacy. Carl Schmitt, Hans Kelsen andand Hermann Heller in Weimar, Oxford 1997. Edell 1998 - G. Edel, 'The Hypothesis of the Basic Norm: Hans Kelsen and Hermann