Pure Theory Of Law - Kelsen

HARVARD natural equity REVIEW [Vol. 55 THE PURE THEORY OF integrity AND ANALYTICAL edict OF OF I. THEORY LAW AND PHILOSOPHY nicety THE consummate(a) theory of well-groundedity is a theory of irrefutable award; a superior general theory of law, not a presentation or variant of a special legal raise. From a comparison of all told the phenomena which go under the reboot of law, it seeks to discover the nature of law itself, to determine its structure and its common forms, independent of the changing bailiwick which it exhibits at different time and among different peoples. In this elan it derives the fundamental principles by authority of which any legal allege can be comprehended. As a theory, its sole role is to know its subject. It answers the query of what the law is, not what it ought to be. The latter question is bingle of politics, while the thin theory of law is science. It is called unalloyed because it seeks to preclude from the cognition o f positive law all elements remote thereto. The limits of this subject and its cognition mustiness be clearly obdurate in two directions: the peculiar(prenominal) science of law, the discipline unremarkably called jurisprudence, must be place from the philosophy of nicety, on the one hand, and from sociology, or cognition of genial reality, on the other.

To free the sentiment of law from the idea of justice is difficult, der Rechts- und STAATSLEHRE (23 Enzyklopidie KELSEN, REINE RECHTSLEHRE (1934); Kelsen, Theorie Generale du Droit International (1932) 42 RECUEIL diethylstilbestrol COURS 121. For publicatio ns in English concerning the pure theory of ! law, see COHEN, late THEALLGEMEINE 1 See KELSEN, Staatswissenschaft 1925); ORIES OF reign (1937) 57-79; GAUTERPACHT, KELSENS PURE SCIENCE OF LAW (1933); MATTERN, CONCEPTS OF STATE, SOVEREIGNTY AND INTERNATIONAL LAW (I928) I21-39; Husik, The jural Philosophy of Hans Kelsen (1938) 3 J. SOC.PHIL. 297; Janzen, Kelsens Theory of Law (1937) 31 AM. POL.SCI. REV.205; Kunz, The capital of Austria School of...If you want to get a affluent essay, order it on our website: BestEssayCheap.com

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