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Hans Kelsen's Normativism


ISBN13: 9781108995221
Published: March 2022
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £17.00




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Hans Kelsen's Pure Theory of Law is the most prominent example of legal normativism. This text traces its origins and its genesis. In philosophy, normativism started with Hume's distinction between Is- and Ought-propositions. Kant distinguished practical from theoretical judgments, while resting even the latter on normativity. Following him, Lotze and the Baden neo-Kantians instrumentalized normativism to secure a sphere of knowledge which is not subject to the natural sciences. Even in his first major text, Kelsen claims that law is solely a matter of Ought or normativity. In the second phase of his writings, he places himself into the neo-Kantian tradition, holding legal norms to be Ought-judgments of legal science. In the third phase, he advocates a barely coherent naive normative realism. In the fourth phase, he supplements the realist view with a strict will-theory of norms, coupled with set-pieces from linguistic philosophy; classical normativism is more or less dismantled.

Subjects:
Jurisprudence
Contents:
1. Introduction
2. The Genesis of Normativism in Philosophy
3. Hans Kelsen's Normativism
4. Summary
References

Series: Elements in Philosophy of Law

Revisiting the Rule of Law ISBN 9781009009676
Published January 2023
Cambridge University Press
£17.00
Revisiting the Rule of Law (eBook) ISBN 9781009007382
Published January 2023
Cambridge University Press
£17.00
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Sociological Approaches to Theories of Law ISBN 9781009124362
Published June 2022
Cambridge University Press
£17.00
The Materiality of the Legal Order ISBN 9781009009669
Published May 2022
Cambridge University Press
£17.00
The Materiality of the Legal Order (eBook) ISBN 9781009007375
Published May 2022
Cambridge University Press
£17.00
(ePub)
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Hans Kelsen's Normativism (eBook) ISBN 9781009007597
Published March 2022
Cambridge University Press
£17.00
(ePub)
Buy