Normativity and NormsCritical Perspectives on Kelsenian Themes

Paulson, Stanley L.; Paulson, Bonnie Litschewski

doi:10.1093/acprof:oso/9780198763154.001.0001

Cited by 21 publications

(7 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Unclassified

Order By: Relevance

“…In the following, I will rely on Kelsen's views in the middle stage of the development of his thinking, its “Classical Phase” in Stanley Paulson's periodisation, which are expressed in his most prominent writings, such as the two different editions of Reine Rechtslehre (“Pure Theory of Law,” and ) and the English monograph General Theory of Law and State (). Furthermore, I will concentrate on Kelsen's conception of norms and leave all his related philosophical considerations on the difference between causality and normativity, the gap between “is” and “ought” and the methodology of legal science aside (see Paulson and Litschewski Paulson , Parts III and IV).…”

Section: Kelsen's View Of Norms: a Critical Discussionmentioning

confidence: 99%

On the Nature of Norms

Koller

2014

Ratio Juris

View full text Add to dashboard Cite

This paper deals with the question of how norms are to be conceived of in order to understand their role as guidelines for human action within various normative orders, particularly in the context of law on the one hand and conventional morality on the other. After some brief remarks on the history of the term “norm,” the author outlines the most significant general features of actually existing social norms, including legal and conventional norms, from which he arrives at two basic requirements on an appropriate conception of such norms: the actuality and the normativity requirements. On this basis, he enters into a critical discussion of Kelsen's highly influential view of norms, arguing that this view is doomed to failure. In the last part of the paper, the author scrutinizes the more promising “practice theory of norms” by H.L.A. Hart, which, in his view, also suffers from some shortcomings, but may be modified in a way that leads to a conception of social norms providing us with a plausible explication of their actual existence and their normative force.

show abstract

Section: Kelsen's View Of Norms: a Critical Discussionmentioning

confidence: 99%

On the Nature of Norms

Koller

2014

Ratio Juris

View full text Add to dashboard Cite

show abstract

“…(BEYLEVELD, 1993, p.104), afirma que a obra é "very much a work in progress rather than a finished piece". ( 10 ) V. (PAULSON, 1998a). Em bom rigor, (HEIDEMANN, 2000, pp.263--281), também considera ser esta a obra de referência na fase final de KELSEN, não obstante designa--a, não como céptica, mas como analítico--linguística.…”

Section: Kelsenunclassified

Hans Kelsen: ruptura ou continuidade entre a Teoria Pura do Direito e a Teoria Geral das Normas / Hans Kelsen: rupture or continuity between Pure Theory of Law and the General Theory of Norms

Mirante

2014

DeP

View full text Add to dashboard Cite

show abstract

“…His ‘positivism’ is primarily positivism qua denying any necessary connection between morality and law (the separation thesis ), but he rejects the view also associated with positivism that law is fact-based (the facticity thesis ). The latter position is also, however, what introduces (or so many would argue) an element of naturalism into Kelsen’s theory: though law is distinct from morality ( pace the morality thesis ), it can be explicated without reference to facts (the normativity thesis ) (Paulson, 1998: xxx–xxxv).…”

Section: The German Legal Tradition and The Pure Theory Of Lawmentioning

confidence: 99%

Realism and international law: the challenge of John H. Herz

Sylvest

2010

Int. Theory

View full text Add to dashboard Cite

The proliferation, globalization, and fragmentation of law in world politics have fostered an attempt to re-integrate International Law (IL) and International Relations (IR) scholarship, but so far the contribution of realist theory to this interdisciplinary perspective has been meagre. Combining intellectual history, the jurisprudence of IL and IR theory, this article provides an analysis of John H. Herz’s classical realism and its perspective on international law. In retrieving this vision, the article emphasizes the political and intellectual context from which Herz’s realism developed: the study of public law in Germany during the interwar period and in particular the contribution of Hans Kelsen and the pure theory of law to the study of international law. Herz was deeply inspired by Kelsen but he criticized the pure theory for ignoring the sociological foundations of law. Following his emigration to the United States, Herz embraced realism but without disregarding international law. Indeed, his mature, globally oriented realism offers a balanced, fruitful perspective for thinking about the relationship between politics and law that is deeply relevant for contemporary theory: it challenges modern, law-blind variants of realism and holds considerable potential for contributing to the approaches that have most successfully studied the law–politics nexus.

show abstract

Normativity and NormsCritical Perspectives on Kelsenian Themes

Cited by 21 publications

References 0 publications

On the Nature of Norms

On the Nature of Norms

Hans Kelsen: ruptura ou continuidade entre a Teoria Pura do Direito e a Teoria Geral das Normas / Hans Kelsen: rupture or continuity between Pure Theory of Law and the General Theory of Norms

Realism and international law: the challenge of John H. Herz

Contact Info

Product

Resources

About