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General Theory of Law and State Hans Kelsen

General Theory of Law and State By Hans Kelsen

General Theory of Law and State by Hans Kelsen


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Summary

Widely regarded as the most important legal theorist of the twentieth century, the author is best known for his formulation of the "pure theory of law" - within which the study of international law was his special field of work. Divided into two parts, this volume, allows him to adjust his theory to American circumstances after World War II.

General Theory of Law and State Summary

General Theory of Law and State by Hans Kelsen

Widely regarded as the most important legal theorist of the twentieth century, Hans Kelsen is best known for his formulation of the "pure theory of law", - within which the study of international law was his special field of work. The present volume, "General Theory of Law and State", first published in 1945, allowed Kelsen to adjust his pure theory of law to American circumstances after World War II. It also afforded him the opportunity to present to English-speaking readers his latest ideas on the supremacy of international law. The volume is divided into two parts: the first devoted to law, the second to the state. Together these topics constitute the most systematic and comprehensive exposition of Kelsen's jurisprudence. The volume is not only a compendium of Kelsen's lifework up to that time; it is also an extension of his theories, "to embrace the problems and institutions of English and American law as well as those of the Civil Law countries". Indeed, references to Continental European law are minimal compared with examples, scattered throughout the text, taken from the U.S. Constitution and several American court cases. This is more than a concession to American readers; it signifies that Kelsen's legal theory is truly general in that it accounts for the Common Law as well as the Civil Law. A systematic treatise on jurisprudence, "General Theory of Law and State" is a substantial reformulation of Kelsen's ideas articulated in several of his previous books, written in German. The juridical principles put forth by the most important legal theorist of the twentieth century remain of great value. This volume will be read by legal scholars, political scientists, and intellectual historians.

About Hans Kelsen

Hans Kelsen

Table of Contents

I: The Law; Nomostatics; I: The Concept of Law; II: The Sanction; III: The Delict; IV: The Legal Duty; V: The Legal Responsibility; VI: The Legal Right; VII: Competence (Legal Capacity); VIII: Imputation (Imputability); IX: The Legal Person; Nomodynamics; X: The Legal Order; XI: The Hierarchy of the Norms; XII: Normative and Sociological Jurisprudence; II: The State; 13: The Law and the State; II: The Elements of The State; III: The Separation of Powers; IV: Forms of Government: Democracy and Autocracy; V: Forms of Organization: Centralization and Decentralization; VI: National and International Law

Additional information

GOR010881613
9781412804943
1412804949
General Theory of Law and State by Hans Kelsen
Used - Very Good
Paperback
Taylor & Francis Inc
2005-01-10
556
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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