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A Dynamic Approach to Hans Kelsen's General Theory of Norms

A Dynamic Approach to Hans Kelsen's General Theory of Norms

Name: A Dynamic Approach to Hans Kelsen's General Theory of Norms
Brand: Bloomsbury Academic
SKU: 9781509942763
Price: 1197.00 HKD
Availability: InStock
Author: Monika Zalewska; George Pavlakos
ISBN: 9781509942763

Edited by Monika Zalewska · George Pavlakos

Bloomsbury Academic December 2024

Specifications

ISBN-13: 9781509942763
Publisher: Bloomsbury Academic
Publication: December 2024
Format: Hardback
Jurisdiction: U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

This timely and fascinating book focuses on the dynamic interpretation of Hans Kelsen's "General Theory of Norms".

Hans Kelsen (1881-1973) was an Austrian jurist and legal philosopher. He is renowned for his work Pure Theory of Law which was first published in 1934 and is one of the most influential theories of law of recent times. This book reconstructs Pure Theory of Law through the lens of 21st-century jurisprudence debates. The book sheds a new light on Kelsen by engaging with key contemporary philosophical concepts, such as explanation and understanding, supervenience, and conceptual metaphors. This unique approach provides a contemporary interpretation of Kelsen's latest theory; creating a new perspective on Kelsen's classic concepts, such as basic norm, and separation of "is" and "ought".

By considering both contemporary philosophy and classic concepts, the book creates a novel theoretical landscape worth exploring.

Introduction: The Demise of the Pure Theory of Law?

1. The Definition of the Norm and its Structure

2. The Normativity Thesis in General Theory of Norms

3. Fictionalism: The New Framework for the General Theory of Norms

4. Fictionalism, Understanding and the Purity Assumption in the General Theory of Norms

5. The Problem of the Explanatory Gap and the Pure Theory of Law

6. Natural Supervenience and the Fundamentality of Ought

7. Supervenience as a Relation between Is and Ought

8. Conclusions: Fictionalism and Supervenience in the General Theory of Norms

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