The Pure Theory of Law.

1968 ◽  
Vol 18 (73) ◽  
pp. 377
Author(s):  
A. D. Woozley ◽  
Hans Kelsen ◽  
Max Knight
Keyword(s):  
Pure Theory ◽  
Theory Of Law

Kelsen – Which Kelsen? A Reapplication of the Pure Theory to International Law

2009 ◽  
Vol 22 (2) ◽  
pp. 225-249 ◽  
Author(s):  
JÖRG KAMMERHOFER
Keyword(s):  
International Law ◽  
Legal Theory ◽  
Pure Theory ◽  
Municipal Law ◽  
Hans Kelsen ◽  
Theory Of Law ◽  
The Right ◽  
Relationship Of ◽  
The Relationship ◽  
Legal Theorist

AbstractHans Kelsen is known both as a legal theorist and as an international lawyer. This article shows that his theory of international law is an integral part of the Kelsenian Pure Theory of Law. Two areas of international law are analysed: first, Kelsen's coercive order paradigm and its relationship to the bellum iustum doctrine; second, the Kelsenian notion of the unity of all law vis-à-vis theories of the relationship of international and municipal law. In a second step, the results of Kelsenian general legal theory of the late period – as interpreted and developed by the present author – are reapplied to selected doctrines of international law. Thus is the coercive order paradigm resolved, the unity of law dissolved, and the UN Charter reinterpreted to show that the concretization of norms as positive international law cannot be unmade by a scholarship usurping the right to make law.

scholarly journals The Pure Theory of Law: Demythologizing Legal Thought

1971 ◽  
Vol 59 (3) ◽  
pp. 617 ◽  
Author(s):  
William Ebenstein
Keyword(s):  
Pure Theory ◽  
Legal Thought ◽  
Theory Of Law

Law and psychoanalysis: close intertwining between Hans Kelsen and Sigmund Freud

KPGT_dlutz_1 ◽  
2021 ◽  
Vol 35 (1) ◽  
pp. 6-35
Author(s):  
Ricardo Borrmann
Keyword(s):  
Social Psychology ◽  
Sigmund Freud ◽  
Cultural Background ◽  
The State ◽  
Pure Theory ◽  
Original Analysis ◽  
Hans Kelsen ◽  
Personal Context ◽  
Theory Of Law ◽  
New Hypothesis

This paper offers an original analysis of the interconnections between law and psychoanalysis through the personal and academic exchanges between Hans Kelsen (1881-1973) and Sigmund Freud (1856-1939). After a brief analysis of the similar cultural background of both scholars as Jews who grew up in fin-de-siècle Vienna, the text focuses on the personal encounters between them and subsequently analyzes Kelsen's reception of Freud's work in “The State-Concept and Social-Psychology” (Der Begriff des Staates und die Sozialpsychologie). Kelsen’s text was originally published in 1922 in Freud’s review, Imago, resulting from a conference he held at the Viennese Psychoanalytical Society. This paper analyzes the relevance of Freud’s theory to the construction of the Pure Theory of Law, especially regarding his concept of the state. Furthermore, it presents a new hypothesis for the subjective reasons behind Kelsen’s attraction to psychoanalysis, and for his admiration of Freud, which it tries to understand through the personal context of Kelsen’s life. Finally, it deals with the possible influence of Kelsen on Freud's work, especially with regards to the term "Super-Ego."

A Pure Theory of Law?

2011 ◽  
Author(s):  
Andrei Marmor
Keyword(s):  
Pure Theory ◽  
Theory Of Law ◽  
Complete Detachment

This chapter discusses Hans Kelsen's influential attempt to present a “pure” theory of law, and the reasons for its failure. It tries to show that Kelsen's pure theory of law is the most striking—and in many ways, still the most interesting—defense of a complete detachment view, both in method and substance. It argues that the main reason for the failure of this project is that it identified the detachment view with antireductionism. Kelsen thought that a theory about the nature of law should avoid any reduction of legal facts to facts of any other type, either social or moral.

What is the Pure Theory of Law?

2017 ◽  
pp. 101-108 ◽  
Author(s):  
Hans Kelsen †
Keyword(s):  
Pure Theory ◽  
Theory Of Law

Kelsen’s Enemies

2021 ◽  
pp. 8-35
Author(s):  
Robert Schuett
Keyword(s):  
Human Nature ◽  
Natural Law ◽  
Legal Order ◽  
The Other ◽  
Pure Theory ◽  
White Sand ◽  
International Legal Order ◽  
Theory Of Law ◽  
The Many ◽  
Political Thinker

Why is Kelsen such a consequential and controversial, perhaps even misunderstood, political thinker and actor? Who wants to make us believe that Kelsen was a naïve idealist dreaming up a Kantian peace and throwing white sand at battle cruisers? The chapter is a rebuttal of the many clichés propounded by Schmittians and the other pseudo-realists that are thrown at Kelsen and the project of a Pure theory of law, state, and international legal order. The fact that the FBI was after Kelsen as an alleged communist is as ridiculous as it is tragic, and even two of his own students, Hans J. Morgenthau and John H. Herz, did not seem to understand legal positivism’s cold analysis of political and international life. The same goes for the fact that Kelsen was, actually, a tough Freudian human nature realist who turned the tables on natural law ideologues. Who’s naïve now?

Visualization of Hajime Yoshino’s Logical Jurisprudence

2017 ◽  
Author(s):  
Vytautas Čyras ◽  
Friedrich Lachmayer
Keyword(s):  
Legal Reasoning ◽  
Pure Theory ◽  
Important Concept ◽  
Legal Informatics ◽  
Legal Domain ◽  
Theory Of Law ◽  
Legal Ontologies

Hajime Yoshino’s Logical Jurisprudence (LJ) is an important concept in legal informatics. Yoshino aims for a logic-based systematization in the legal domain. He focuses on legal reasoning and systematization. Inevitably, embracing law as a whole brings us to Hans Kelsen’s Pure Theory of Law. In sum, three issues are important in LJ: logic, Kelsen and legal informatics. In this paper we aim to visualize the architecture of LJ. We suggest expanding this with legal ontologies and words. The granularity of word-phrase-sentence-text is about different methods which apply to different units.

Kelsen's Theory of International Law

1936 ◽  
Vol 30 (4) ◽  
pp. 736-741 ◽  
Author(s):  
W. B. Stern
Keyword(s):  
International Law ◽  
Natural Law ◽  
Scientific Basis ◽  
Law Schools ◽  
Pure Theory ◽  
Hans Kelsen ◽  
Theory Of Law

Among legal philosophers, the time-honored dispute between natural-law schools and legal positivists arouses ever new interest. On the side of the positivists, the “pure theory of law” gains more and more ground. This theory is mainly represented by Professor Hans Kelsen, formerly of Vienna, now of Geneva, and by Professor Alfred von Verdross, of Vienna. In America, systematic consideration was first devoted to it by Dr. Johannes Mattern, who analyzed Verdross's thinking; later, Dr. Josef L. Kunz, one of the foremost followers of Kelsen, took up the discussion, emphasizing the importance of the theory for a scientific basis of international law; and quite recently an article by Dr. Henry Janzen dealt with legal monism as the basis of the “pure theory of law.”

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