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Israel Law Review, 1966
The Pure Theory of Law is a theory of positive law, not of a definite legal order, but of the law in general. It is a general theory of law. As such it is the most consistent version of that school of jurisprudence which is called legal positivism because it considers as “law” only positive law and refuses to recognize as law any other normative social
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The Pure Theory of Law is a theory of positive law, not of a definite legal order, but of the law in general. It is a general theory of law. As such it is the most consistent version of that school of jurisprudence which is called legal positivism because it considers as “law” only positive law and refuses to recognize as law any other normative social
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An Antinomy in Kelsen's Pure Theory of Law*
Ratio Juris, 1990Abstract. Some important ideas in Kelsen's Pure Theory of Law can be traced back to Kantian tradition, which has been very influential in Kelsen's thought, particularly in his early period. Among them we find the distinction between two radically different worlds (the world of facts and the world of norms), the normativity of legal science and the ...
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2011
This chapter discusses Hans Kelsen's influential attempt to present a “pure” theory of law, and the reasons for its failure. It tries to show that Kelsen's pure theory of law is the most striking—and in many ways, still the most interesting—defense of a complete detachment view, both in method and substance.
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This chapter discusses Hans Kelsen's influential attempt to present a “pure” theory of law, and the reasons for its failure. It tries to show that Kelsen's pure theory of law is the most striking—and in many ways, still the most interesting—defense of a complete detachment view, both in method and substance.
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The Formalism in Kelsen's Pure Theory of Law
Ethics, 1945Also, they are formal in the additional sense that they often deal with the procedural aspects-in the nontechnical meaning of the term "procedural" -of social events; and it is this aspect of which the Pure Theory makes most.'3 I2 Negatively, this emphasis motivates Kelsen's incisive criticism of the purely ideological rationales which have been ...
Gustav Bergmann, Lewis Zerby
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Kelsen: A Purely Empty Theory of Law
SSRN Electronic Journal, 2008Kelsen's position is founded upon an epistemology which is both objectivist, regarding the existence of truths, and subjectivist, regarding normative positions. This epistemological bifurcation leads to a variety of contradictions in Kelsen's positions, and explains his reversals regarding the possibility of normative inference, the real or ...
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