Kelsen Revisited

New Essays on the Pure Theory of Law

Luís Duarte d'Almeida, Professor John Gardner, Leslie Green

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English

Hart Publishing
16 August 2013

Law; Jurisprudence & philosophy of law

Forty years after his death, Hans Kelsen (1881-1973) remains one of the most discussed and influential legal philosophers of our time. This collection of new essays takes Kelsen's Pure Theory of Law as a stimulus, aiming to move forward the debate on several central issues in contemporary jurisprudence. The essays in Part I address legal validity, the normativity of law, and Kelsen's famous but puzzling idea of a legal system's 'basic norm'. Part II engages with the difficult issues raised by the social realities of law and the actual practices of legal officials. Part III focuses on conceptual features of legal systems and the logical structure of legal norms. All the essays were written for this volume by internationally renowned scholars from seven countries. Also included, in English translation, is an important polemical essay by Kelsen himself.

Edited by: Luís Duarte d'Almeida, Professor John Gardner, Leslie Green
Imprint: Hart Publishing
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm, Spine: 14mm
Weight: 601g
ISBN: 9781849464567
ISBN 10: 1849464561
Pages: 298
Publication Date: 16 August 2013
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

1 Introduction Luís Duarte d'Almeida, John Gardner and Leslie Green I. LEGAL VALIDITY AND THE BASIC NORM 2 Norm-claims, Validity and Self-reference Bert van Roermund 3 The Great Puzzle: Kelsen's Basic Norm Stanley L Paulson 4 The Basic Norm Revisited Riccardo Guastini II. LAW'S EMPIRICAL EXISTENCE 5 The Efficacy of Constitutional Norms Pablo E Navarro 6 The Realist Hans Kelsen Uta Bindreiter 7 Wiener Realism Pierluigi Chiassoni 8 Kelsen and Hägerström: Clearing Up Misunderstandings and Mapping Out the Common Ground Jes Bjarup 9 A 'Realistic' Theory of Law and the Pure Theory of Law: Remarks on Alf Ross's On Law and Justice Hans Kelsen III. LEGAL NORMS AND LEGAL SCIENCE 10 Kelsen on the Completeness and Consistency of Law Eugenio Bulygin 11 The Alternative Character of the Legal Norm: Kelsen as a Defeasibilist? Richard HS Tur 12 In Canonical Form: Kelsen's Doctrine of the 'Complete' Legal Norm Luís Duarte d'Almeida

Luís Duarte d'Almeida is Chancellor's Fellow in Law at the University of Edinburgh. John Gardner is Professor of Jurisprudence at the University of Oxford. Leslie Green is Professor of the Philosophy of Law at the University of Oxford.