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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

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Contents

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Part I Kelsen's Shift to the Classical Phase

Part II The Normativity Problematic

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

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

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

Part IV Toward a Theory of Legal Norms

A. Ramifications of Kelsen's Late, Sceptical Phase

B. On Competing Conceptions of Norms

Part V Power, Legal Powers, and Empowerment

Part VI Monism and Public International Law