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Normativity and Norms
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Normativity and Norms: Critical Perspectives on Kelsenian Themes

Stanley L. Paulson

Abstract

Hans Kelsen's efforts in the areas of legal philosophy and legal theory are considered by many scholars of law to be the most influential thinking of recent years. This book makes available some of the best work extant on Kelsen's theory, including chapters newly translated into English. The volume addresses in detail the topic where debate on Kelsen's work has been liveliest: ‘normativity’ as Kelsen's alternative to both traditional legal positivism and natural law theory. The book covers such topics as competing philosophical positions on the nature of law, legal validity, legal powers, and ... More

Keywords: Hans Kelsen, legal philosophy, legal theory, Kelsen's theory, traditional legal positivism, natural law theory, nature of law, legal validity, legal powers

Bibliographic Information

Print publication date: 1999 Print ISBN-13: 9780198763154
Published to Oxford Scholarship Online: March 2012 DOI:10.1093/acprof:oso/9780198763154.001.0001

Authors

Affiliations are at time of print publication.

Stanley L. Paulson, Editor
Washington University, St Louis and Bonnie Litschewski Paulson

Contents

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Front Matter

Title Pages

In Memory of

Editors’ Preface

Acknowledgements

Abbreviations

Introduction

Part I Kelsen's Shift to the Classical Phase

1 ‘Foreword’ to the Second Printing of Main Problems in the Theory of Public Law

2 Hans Kelsen's Earliest Legal Theory: Critical Constructivism

Part II The Normativity Problematic

3 Kelsen's Theory of the Basic Norm

4 Kelsen Visited

5 The Basic Norm of a Society

6 Methodological Syncretism in Kelsen's Pure Theory of Law

7 Validity and the Conflict between Legal Positivism and Natural Law

Part III The Normativity Problematic, continued: Kantian Doctrines versus Kelsen without Kant

A. A Neo-Kantian Dimension in the Pure Theory of Law?

8 The Pure Theory of Law, ‘Labandism’, and Neo-Kantianism. A Letter to Renato Treves

9 A Neo-Kantian Theory of Legal Knowledge in Kelsen's Pure Theory of Law?

10 The Hypothesis of the Basic Norm: Hans Kelsen and Hermann Cohen

11 On the Transcendental Import of Kelsen's Basic Norm

B. Kelsen without Kant, and ‘Validity qua Bindingness’

12 The Purity of the Pure Theory

13 Some Confusions surrounding Kelsen's Concept of Validity

14 Two Models of Legal Validity: Hans Kelsen and Francisco Suárez

15 The Reception of Norms, and Open Legal Systems

Part IV Toward a Theory of Legal Norms

A. Ramifications of Kelsen's Late, Sceptical Phase

16 An Antinomy in Kelsen's Pure Theory of Law

17 Normativism or the Normative Theory of Legal Science: Some Epistemological Problems

18 Hans Kelsen's Deontics

19 Norm Conflicts: Kelsen's View in the Late Period and a Rejoinder

B. On Competing Conceptions of Norms

20 Is and Ought

21 The Expressive Conception of Norms

22 The Expressive Conception, of Norms: An Impasse for the Logic of Norms

Part V Power, Legal Powers, and Empowerment

23 Kelsen and Legal Power

24 Voluntary Obligations and Normative Powers

25 Legal Powers

26 Powers and Power-Conferring Norms

27 Reflections on Legal Science, Lew, and Power

Part VI Monism and Public International Law

28 Sovereignty

29 Monism and Dualism in the Theory of International Law

30 Kelsen's Doctrine of the Unity of Law

End Matter

List of Contributors

Index of Kelsen's Writings

Index of Names

Index of Subjects