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Hans Kelsen's Normativism

Hans Kelsen's Normativism

Name: Hans Kelsen's Normativism
Brand: Cambridge University Press
SKU: 9781108995221
Price: 226.98 HKD
Availability: InStock
Author: Carsten Heidemann
ISBN: 9781108995221

By Carsten Heidemann

Cambridge University Press March 2022

Specifications

ISBN-13: 9781108995221
Publisher: Cambridge University Press
Publication: March 2022
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

Details

Hans Kelsen's Pure Theory of Law is the most prominent example of legal normativism. This text traces its origins and its genesis. In philosophy, normativism started with Hume's distinction between Is- and Ought-propositions. Kant distinguished practical from theoretical judgments, while resting even the latter on normativity. Following him, Lotze and the Baden neo-Kantians instrumentalized normativism to secure a sphere of knowledge which is not subject to the natural sciences. Even in his first major text, Kelsen claims that law is solely a matter of Ought or normativity. In the second phase of his writings, he places himself into the neo-Kantian tradition, holding legal norms to be Ought-judgments of legal science. In the third phase, he advocates a barely coherent naive normative realism. In the fourth phase, he supplements the realist view with a strict will-theory of norms, coupled with set-pieces from linguistic philosophy; classical normativism is more or less dismantled.

1. Introduction

2. The Genesis of Normativism in Philosophy

3. Hans Kelsen's Normativism

4. Summary

References

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