Jump to ContentJump to Main Navigation
Normativity and NormsCritical Perspectives on Kelsenian Themes$
Users without a subscription are not able to see the full content.

Stanley L. Paulson

Print publication date: 1999

Print ISBN-13: 9780198763154

Published to Oxford Scholarship Online: March 2012

DOI: 10.1093/acprof:oso/9780198763154.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 12 December 2019

Kelsen and Legal Power *

Kelsen and Legal Power *

Chapter:
(p.434) (p.435) 23 Kelsen and Legal Power*
Source:
Normativity and Norms
Author(s):

Norberto Bobbio

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198763154.003.0023

In general legal and political theory, norm and power are two sides of the same coin. Of these two sides of the same coin, some theories of state emphasize the first, others the second. Indeed, general legal and political theories can be divided into two broad categories according to whether they affirm the primacy of power over norms, or of norms over power. Hans Kelsen's theory, which places at the apex of the system the basic norm, not sovereign power, considers the state (and any other organized power) from the standpoint of normativity. His theory can be interpreted as the most radical and throughgoing attempt to reduce the state to a legal or normative system, and to eliminate every form of dualism of law and state, truncating with one fell swoop the boring, sterile dispute over whether the state precedes the law or law the state. This chapter focuses on the problem of legal power as an instance of subjective law, with Kelsen comes of define only in his later works.

Keywords:   Hans Kelsen, legal power, norm, state, sovereign power, dualism of law

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .