Kelsen's Global Legacy: Essays on the Legal and Political Philosophy

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Kelsen's Global Legacy: Essays on the Legal and Political Philosophy

Edited by Jorge Emilio Nunez · Gonzalo Villa Rosas · Jorge Luis Fabra Zamora
Hart Publishing February 2025

Specifications

ISBN-13
9781509965809
Publisher
Hart Publishing
Publication
February 2025
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

This unique volume brings together leading academics and researchers from different legal traditions to discuss the work and impact of Hans Kelsen, the most influential legal philosopher with global reach.

Using his Pure Theory of Law and his theory of democracy as a lingua franca, the book allows for dialogues between jurisdictions and legal traditions and serves as a point of departure for further research on several themes such as state, international, and non-state law.

The volume covers four themes. The first part focuses on Kelsen's often overlooked assumptions and the resultant conception of law. The second section refers in particular to Kelsen's understanding of legal norms and some of its most salient elements and features such as sanction and validity. The third part explores a variety of questions concerning Kelsen's views on international and non-state law in general and their implications in some jurisdictions. The final section brings Kelsen's legal and political theory together by assessing its relevance to democracy.

Table of Contents

1. Introduction, Jorge Emilio Núñez (Manchester Law School, UK), Gonzalo Villa Rosas (Externado University, Colombia) and Jorge Luis Fabra Zamora (State University of New York, United States)

Part I: Kelsen's Theory
2. Kelsen's and Multidimensional Law, Jorge Emilio Núñez (Manchester Law School, UK)
3. Fictionalism in Hans Kelsen's General Theory of Norms, Monika Zalewska (University of Lodz, Poland)
4. Kelsen's Fiction Turn, Iain Stewart (Macquarie University, Australia)
5. Kelsen on Kant's Pure and Practical Reason Contradiction, Rubin Assis da Silveira Souza (Law School of São Paulo, FGV-SP, and. National Council for Scientific and Technological Development, CNPq, Brazil)

Part II. Kelsen's Norm Theory
6. Kelsen's Doctrine of Legal Validity, Stanley L. Paulson (University of Kiel, Germany)
7. Varieties of Validity, Carsten Heidemann (Bordesholm, Kiel Bar Association, Germany)
8. Expanding Kelsen's Concept of Singular Rules and Production of Rules by Rules: Self-applied Rules and Nomo-Dynamic Networks, Carlo Garbarino (Università Bocconi, Italy and NYU Law School, United States)
9. The Kelsen-Hart Debate on Normative Sanction: a Look Beyond the Last of the Mohicans, Andrés Botero Bernal (Industrial University of Santander, Bucaramanga, Colombia)
10. On Force, Effectiveness, and Law in Kelsen, Julieta Rabanos (Istituto Tarello, University of Genova, Italy)

Part III. Kelsen's International and Non-State Law
11. Clarifying Kelsenian Monism, Jorge Luis Fabra Zamora (State University of New York, United States)
12. Kelsen and 'Primitive” International Law: Three Answers and a Question, Phil Edwards (Manchester Metropolitan University, United Kingdom)
13. Kelsen's Philosophy of International Law and the Project of Pure Theory of Law, Tomasz Widlak (University of Gdansk, Poland)
14. Hans Kelsen and the Soviet Law, Mikhail Antonov (Higher School of Economics, Saint Petersburg, Russia)
15. Kelsen's Basic Norm and Hart's Secondary Rules in Comparative Study of the 20th-century Revolutionary Legal Change in Russia and Germany, Anna Taitslin (University of Canberra, Australia)
16. “Kelsen in the Grenada Court”: Simeon McIntosh's Contribution to the Understanding of Kelsen's Theory of Revolutionary Legality, Asya Ostroukh, (the University of the West Indies, Barbados)

Part IV. Kelsen and the Theory of Democracy
17. Hans Kelsen and the Crisis of Democracy, Lars Vinx (University of Cambridge, United Kingdom)
18. The Tension between Hans Kelsen's Pure Theory of Law and his Theory of Democracy, Herlinde Pauer-Studer (University of Vienna, Austria)
19. Kelsen and the Problem of Democratization of the Administration, Thomas Olechowski (University of Vienna, Austria)
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