Professor Stone and the Pure Theory of Law

Kelsen, Hans; Ehrenzweig, Albert A.

doi:10.2307/1227237

Cited by 18 publications

(6 citation statements)

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“…El contenido de la norma positiva no se deriva de la norma básica, de la que sólo toma la validez objetiva debido a su condición de condicionada por aquella, permitiendo aceptar el coercitivo ordenamiento como un ordenamiento válido. [189] Desde la óptica zubiriana, respecto del carácter fáctico de la "norma básica" hay pleno acuerdo. La "norma básica" es un hecho.…”

Section: Diálogo Sobre El Derechounclassified

Introducción a las Ciencias Jurídicas

Serna¹

2020

Manual Práctico De Filosofía Del Derecho

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Section: Diálogo Sobre El Derechounclassified

Introducción a las Ciencias Jurídicas

Serna¹

2020

Manual Práctico De Filosofía Del Derecho

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“…150 Each separate legal system, consequently, has its own, distinct grundnorm. 151 Secondly, the grundnorm acts as the presupposition of validity that enables legal reasoning. 152 Challenges to the validity of a legal rule may be countered by pointing to a higher norm that empowered the creation of the lower norm, a process that could continue all the way up the legal chain to the grundnorm-a norm whose legal validity cannot be demonstrated by reference to another rule, but whose validity has to be presumed to enable legal reasoning.…”

Section: A Coups and Courtsmentioning

confidence: 99%

The Exceptional Role of Courts in the Constitutional Order

Barber

Vermeule²

2016

SSRN Journal

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“…Rizzolatti and Craighero (2005, 8) clarify, 'The observer does not execute that action, because control mechanisms prevent its overt occurrence, but the evoked motor representation ('motor knowledge') allows him to understand the meaning of what he saw'. With this applied to legal rules, human behaviour regulated by a normative order is either action or omission (Kelsen 1965(Kelsen , 1130. If promulgation is the catalyst for law, then when an individual acts as the norm dictates, he applies the norm.…”

Section: Motor Memorymentioning

confidence: 99%

Beyond the Answer: Making Sense of Neuroprudence

Kamalnath

2012

Journal of Advanced Research in Law and Economics

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A favourite uncle wants to borrow money from you but he is a compulsive gambler. In three years, he has gone through nearly a million dollars, depleting all of his savings. His life and marriage are just about on the rocks. His only child has no resources to finance her college education. As you sit there looking at him, figuring out your answer, no fewer than twenty of your brain structures and their circuits are busily at work. Your longterm memory (stored in the cerebral cortex) dredges up recollections of your many talks with your uncle, as well as time spent together attending the Yankee games when you were a child. Recent conversations with him (part of your short-term memory and stored in your hippocampus) and your aunt's chronic kidney disease also surface to make you feel sorry for him and his family. Sympathy for him gets a strong boost as your visual cortex and mirror neurons (including the superior temporal sulcus, the fusiform gyrus, and the amygdala) process your uncle's facial expressions and his embarrassment over needing money. The amygdala is also activated when you experience a twinge of fear as you perceive that your refusal of his request could cause a rift as damaging to his family as the path he is on.Fuelled by disappointment and anger, your ambivalence activates your premotor cortex, which rehearses throttling him. Your frontal lobe and anterior cingulated cortex step in to stifle the throttle impulse. The problemsolving function of these structures understands that some addictions are impervious to intervention; you thus reason that you might just as well give him the money and keep his affection.Your prefrontal cortex, on the other hand, steps in to take command and sorts out how to deliver a gentle, loving 'no.' This winds up activating other regions of the cerebral cortex -visual (occipital cortex and superior temporal sulcus, spurious colliculus), auditory (temporal cortex), language (Broca's and Wernicke's areas) -as your prefrontal lobe reviews all the sensations you've received and develops a plan of response. Finally you will experience his reaction to your 'no'. This will activate your sensory systems (auditory and visual), limbic structures -in particular the amygdala (emotional reaction to his affect), hippocampus (connecting memory to emotions), as well as anterior cingulate cortex (self-control), and hypothalamus (bodily response such as sweating, increased heartbeat) -and the frontal lobes.Fortunately, both you and your uncle are blissfully unaware of these processes (Tancredi 2007, 41-42).

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Professor Stone and the Pure Theory of Law

Cited by 18 publications

References 0 publications

Introducción a las Ciencias Jurídicas

Introducción a las Ciencias Jurídicas

The Exceptional Role of Courts in the Constitutional Order

Beyond the Answer: Making Sense of Neuroprudence

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