Kelsen Revisited : New Essays on the Pure Theory of Law

Forty Years After His Death, Hans Kelsen (1881-1973) Remains One Of The Most Discussed And Influential Legal Philosophers Of Our Time. This Collection Of New Essays Takes Kelsen's Pure Theory Of Law As A Stimulus, Aiming To Move Forward The Debate On Several Central Issues In Contemporary Jurisprudence. The Essays In Part I Address Legal Validity, The Normativity Of Law, And Kelsen's Famous But Puzzling Idea Of A Legal System's 'basic Norm.' Part Ii Engages With The Difficult Issues Raised By The Social Realities Of Law And The Actual Practices Of Legal Officials. Part Iii Focuses On Conceptual Features Of Legal Systems And The Logical Structure Of Legal Norms. All Of The Book's Contributors Are Internationally Renowned Scholars, Including Uta Bindreiter, Jes Bjarup, Pierluigi Chiassoni, Eugenio Bulygin, Riccardo Guastini, Pablo E. Navarro, Stanley L. Paulson, Bert Van Roermund, And Richard Tur. Introduction / Luís Duarte D'almeida, John Gardner And Leslie Green -- Norm-claims, Validity And Self-reference / Bert Van Roermund -- The Great Puzzle : Kelsen's Basic Norm / Stanley L. Paulson -- The Basic Norm Revisited / Riccardo Guastini -- The Efficacy Of Constitutional Norms / Pablo E. Navarro -- The Realist Hans Kelsen / Uta Bindreiter -- Wiener Realism / Pierluigi Chiassoni -- Kelsen And Hägerström : Clearing Up Misunderstandings And Mapping Out The Common Ground / Jes Bjarup -- A Realistic Theory Of Law And The Pure Theory Of Law : Remarks On Alf Ross's On Law And Justice / Hans Kelsen -- Kelsen On The Completeness And Consistency Of Law / Eugenio Bulygin -- The Alternative Character Of The Legal Norm : Kelsen As A Defeasibilist? / Richard H.s. Tur -- In Canonical Form : Kelsen's Doctrine Of The Complete Legal Norm / Luís Duarte D'almeida. Edited By Luis Duarte D'almeida, John Gardner And Leslie Green. This Volume Is A Selection Of 10 Original Essays That Refine And Develop Ideas First Presented At The Conference, Legal Science And Legal Theory, Held At The University Of Oxford In September 2010 To Mark The 50th Anniversary Of The Publication Of The Enormously Influential Second Edition Of Kelsen's Pure Theory Of Law--page 1. Includes Bibliographical References And Index. Title Page 3 Copyright 4 Acknowledgments 5 Table of Contents 7 Contributors 9 1 Introduction • Luís Duarte d’Almeida, John Gardner and Leslie Green 11 Part I Legal Validity and the Basic Norm 19 2 Norm-claims, Validity and Self-reference • Bert van Roermund 21 3 The Great Puzzle: Kelsen’s Basic Norm • Stanley L Paulson 53 4 The Basic Norm Revisited • Riccardo Guastini 73 Part II Law’s Empirical Existence 85 5 The Efficacy of Constitutional Norms • Pablo E Navarro 87 6 The Realist Hans Kelsen • Uta Bindreiter 111 7 Wiener Realism • Pierluigi Chiassoni 141 8 Kelsen and Hägerström: Clearing Up Misunderstandings and Mapping Out the Common Ground • Jes Bjarup 173 9 A ‘Realistic’ Theory of Law and the Pure Theory of Law: Remarks on Alf Ross’s On Law and Justice • Hans Kelsen 205 Part III Legal Norms and Legal Science 233 10 Kelsen on the Completeness and Consistency of Law • Eugenio Bulygin 235 11 The Alternative Character of the Legal Norm: Kelsen as a 245Defeasibilist?Richard HS Tur 8 11 The Alternative Character of the Legal Norm: Kelsen as a Defeasibilist? • Richard HS Tur 255 12 In Canonical Form: Kelsen’s Doctrine of the ‘Complete’ Legal Norm • Luís Duarte d’Almeida 269 Index 293 "Forty years after his death, Hans Kelsen (1881-1973) remains one of the most discussed and influential legal philosophers of our time. This collection of new essays takes Kelsen's Pure Theory of Law as a stimulus, aiming to move forward the debate on several central issues in contemporary jurisprudence. The essays in Part I address legal validity, the normativity of law, and Kelsen's famous but puzzling idea of a legal system's 'basic norm'. Part II engages with the difficult issues raised by the social realities of law and the actual practices of legal officials. Part III focuses on conceptual features of legal systems and the logical structure of legal norms. All the essays were written for this volume by internationally renowned scholars from seven countries. Also included, in English translation, is an important polemical essay by Kelsen himself."--Bloomsbury Publishing. "Forty years after his death, Hans Kelsen (1881-1973) remains one of the most discussed and influential legal philosophers of our time. This collection of new essays takes Kelsen's Pure Theory of Law as a stimulus, aiming to move forward the debate on several central issues in contemporary jurisprudence. The essays in Part I address legal validity, the normativity of law, and Kelsen's famous but puzzling idea of a legal system's 'basic norm.' Part II engages with the difficult issues raised by the social realities of law and the actual practices of legal officials. Part III focuses on conceptual features of legal systems and the logical structure of legal norms."--Jaquette