New PDF release: Kelsenian Legal Science and the Nature of Law (Law and

By Peter Langford,Ian Bryan,John McGarry

ISBN-10: 331951816X

ISBN-13: 9783319518169

This booklet severely examines the notion of felony technological know-how and the character of legislations constructed by means of Hans Kelsen. It offers a unmarried, committed area for a variety of verified ecu students to have interaction with the influential paintings of this Austrian jurist, criminal thinker, and political philosopher.

The creation presents a thematization of the Kelsenian notion of legislation as a criminal technology. Divided into six elements, the bankruptcy contributions function exact degrees of research. total, the constitution of the book provides a sustained reflection upon significant features of Kelsenian felony technology and the character of law.

Parts one and learn the validity of the venture of Kelsenian criminal technology with specific connection with the social truth thesis, the concept of a technology of optimistic legislations and the particularly Kelsenian notion of the elemental norm (Grundnorm). the subsequent 3 elements interact in a severe research of the courting of Kelsenian felony technology to constitutionalism, sensible cause, and human rights.

The final half comprises an exam of the continuing pertinence of Kelsenian criminal technological know-how as a idea of the character of legislation with a selected concentration upon contemporary non-positivist theories of legislations. the realization discusses the expanding distance of latest theories of criminal positivism from a Kelsenian notion of criminal technology in its attention of the character of law.

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