A Dynamic Approach to Hans Kelsen's General Theory of Norms
1st Edition
Published on 12. December 2024
192 pages
978-1-5099-4277-0 (ISBN)
Description
This timely and compelling book delves into the dynamic interpretation of Hans Kelsen's General Theory of Norms through the lens of 21st-century jurisprudential debates.
Engaging with key contemporary philosophical concepts such as fictionalism in the philosophy of science, explanation and understanding, and supervenience, this book sheds new light on Kelsen's original ideas.
By offering a contemporary interpretation of his later work, it re-examines classic concepts known from the 'Pure Theory of Law' like the basic norm, the separation of 'is' and 'ought,' validity and efficacy, imputation, and the concept of the legal norm. Integrating modern philosophy with Kelsen's lasting ideas, this book presents a novel theoretical landscape, inviting readers to explore fresh perspectives on Kelsen's contributions to legal theory and emphasising its enduring relevance.
Engaging with key contemporary philosophical concepts such as fictionalism in the philosophy of science, explanation and understanding, and supervenience, this book sheds new light on Kelsen's original ideas.
By offering a contemporary interpretation of his later work, it re-examines classic concepts known from the 'Pure Theory of Law' like the basic norm, the separation of 'is' and 'ought,' validity and efficacy, imputation, and the concept of the legal norm. Integrating modern philosophy with Kelsen's lasting ideas, this book presents a novel theoretical landscape, inviting readers to explore fresh perspectives on Kelsen's contributions to legal theory and emphasising its enduring relevance.
More details
Series
Edition
1. Auflage
Language
English
Place of publication
London
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
College/higher education
ISBN-13
978-1-5099-4277-0 (9781509942770)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Other editions
Additional editions
Monika Zalewska | George Pavlakos | Hillary Nye
A Dynamic Approach to Hans Kelsen's General Theory of Norms
Book
05/2026
Bloomsbury Academic
€64.80
Shipment within 15-20 days
Person
Monika Zalewska is Assistant Professor at the University of Lódz, Poland, and International Correspondent of Hans Kelsen's Institute in Vienna, Austria.
Content
Introduction: The Demise of the Pure Theory of Law?
1. The Definition of the Norm and its Structure
2. The Normativity Thesis in General Theory of Norms
3. Fictionalism: The New Framework for the General Theory of Norms
4. Fictionalism, Understanding and the Purity Assumption in the General Theory of Norms
5. The Problem of the Explanatory Gap and the Pure Theory of Law
6. Natural Supervenience and the Fundamentality of Ought
7. Supervenience as a Relation between Is and Ought
8. Conclusions: Fictionalism and Supervenience in the General Theory of Norms
1. The Definition of the Norm and its Structure
2. The Normativity Thesis in General Theory of Norms
3. Fictionalism: The New Framework for the General Theory of Norms
4. Fictionalism, Understanding and the Purity Assumption in the General Theory of Norms
5. The Problem of the Explanatory Gap and the Pure Theory of Law
6. Natural Supervenience and the Fundamentality of Ought
7. Supervenience as a Relation between Is and Ought
8. Conclusions: Fictionalism and Supervenience in the General Theory of Norms
