Introduction to the problems of legal theory : a translation of the first edition of the Reine Rechtslehre or Pure theory of law

One of the leading legal philosophers of this century, Kelsen published this short treatise in 1934, when the neo-Kantian influence on his work was at its zenith. An earlier, "constructivist" phase had been displaced by his effort to provide something approximating a neo-Kantian foundation for his theory. If this second phase represents the Pure Theory of Law in its most characteristic form, then the present treatise may well be its central text. And of Kelsen's many statements of the Pure Theory, this one is surely the most accessible. Topics covered include the legal norm and Kelsen's normativity thesis, law and morality, the role of ideology, the concept of the legal person, legal interpretation, the identity of law and state, and the theory of international law. Among the appendices is an annotated bibliography of secondary literature on Kelsen. "Kelsen published this short treatise in 1934, when the neo-Kantian influence on his work was at its zenith. An earlier "constructivist" phase, evident in his Habilitationsschrift of 1911, had been displaced over the course of the following decade by his effort, albeit in fits and starts, to provide something approximating a neo-Kantian foundation for his theory. If this second, neo-Kantian phase represents the Pure Theory of Law in its most characteristic form, then the present treatise may well be its central text, and of Kelsen's many statements of the Pure Theory, this one is surely the most accessible." "Topics include the legal norm and Kelsen's normativity thesis, law and morality, the role of ideology, the concept of the legal person, the legal system and hierarchical structure, legal interpretation, the identity of law and state, and the theory of international law. Among the appendices to the volume is an annotated bibliography of secondary literature on Kelsen."--BOOK JACKET

one Of The Leading Legal Philosophers Of This Century, Kelsen First Published This Short Treatise In 1934, When The Neo-kantian Influence On His Work Was At Its Zenith. An Earlier, Constructivist Phase Had Been Displaced By His Effort To Provide Something Approximating A Neo-kantian Foundation For His Theory. If This Second Phase Represents The Pure Theory Of Law In Its Most Characteristic Form, Then The Present Treatise May Well Be Its Central Text. And Of Kelsen's Many Statements Of The Pure Theory, This One Is Surely The Most Accessible. Topics Covered Include The Legal Norm And Kelsen's Normativity Thesis, Law And Morality, The Role Of Ideology, The Concept Of The Legal Person, Legal Interpretation, The Identities Of Law And State, And The Theory Of International Law. Among The Appendices Is An Annotated Bibliography Of Secondary Literature On Kelsen.

## Abstract Hans Kelsen is considered to be one of the foremost legal theorists and philosophers of the 20th century. His writing made an important contribution to many areas, especially those of legal theory and international law. Over a number of decades, he developed an important legal theory which found its first complete exposition in Reine Rechtslehre, or Pure Theory of Law, the first edition of which was published in Vienna in 1934. This is the first English translation of that work. It covers such topics as law and morality, the legal system and its hierarchical structure, the identity of law and state, and international law. A self-contained treatise, by one of the leading European legal philosophers of this century, on such topics as the legal norm, law and morality, the concept of the legal person, the legal system, legal interpretation, the identity of the law and state, and the theory of international law. This first edition of Kelsen's work on legal theory is a product of his neo-Kantian phase. It contains sections on law and nature, law and morality, overcoming the dualism of legal theory, the hierarchical structure of the legal system and the nature of international law. By Hans Kelsen ; Translated By Bonnie Litschewski Paulson And Stanley L. Paulson ; With An Introduction By Stanley L. Paulson. Includes Bibliographical References And Indexes.