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One of the leading legal philosophers of this century, Kelsen first published this short treatise in 1934, when the neo-Kantian influence on his work was at its zenith. An earlier, "constructivist" phase had been displaced by his effort to provide something approximating a neo-Kantian foundation for his theory. If this second phase represents the Pure Theory of Law in its most characteristic form, then the present treatise may well be its central text. And of Kelsen's many statements of the Pure Theory, this one is surely the most accessible. Topics covered include the legal norm and Kelsen's normativity thesis, law and morality, the role of ideology, the concept of the legal person, legal interpretation, the identities of law and state, and the theory of international law. Among the appendices is an annotated bibliography of secondary literature on Kelsen.
This text investigates the fundamental nature of law as a distinct normative system, independent of moral, political, or sociological considerations. Hans Kelsen, a prominent 20th-century legal philosopher, utilizes a neo-Kantian framework to strip legal analysis of ideological bias. By establishing the 'Pure Theory of Law,' he argues for a rigorous, scientific approach to understanding legal norms and the structure of the state.
What You Will Find
Legal scholars and students of jurisprudence recognize this work as a foundational text for understanding Kelsen's formalist approach to law. Readers frequently note the academic density of the prose, which requires careful engagement with neo-Kantian philosophical concepts.
Page Count:
216
Publication Date:
1997-06-26
Publisher:
Clarendon Press
ISBN-10:
0198265654
ISBN-13:
9780198265658
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