Legality and Legitimacy in Hans Kelsen's Pure Theory of Law
Author | : Lars Vinx |
Publisher | : |
Total Pages | : 376 |
Release | : 2006 |
ISBN-10 | : 0494160322 |
ISBN-13 | : 9780494160329 |
Rating | : 4/5 (22 Downloads) |
Download or read book Legality and Legitimacy in Hans Kelsen's Pure Theory of Law written by Lars Vinx and published by . This book was released on 2006 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Positivist legal theorists inspired by Kelsen's work failed to appreciate the political-theoretical potential of the Pure Theory of Law and thus turned to a narrow agnosticism about the functions of law. The Pure Theory of Law, I conclude, may offer a paradigm of jurisprudential thought that could reconnect jurisprudence with political theory as it was traditionally understood: namely as a reflection on the best constitution and on the contribution that different legal actors and institutions can make to its realization.