Log in

Relevant bibliographies by topics / Pure Theory of Law / Journal articles

To see the other types of publications on this topic, follow the link: Pure Theory of Law.

Journal articles on the topic 'Pure Theory of Law'

Author: Grafiati

Published: 4 June 2021

Last updated: 25 April 2022

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the top 50 journal articles for your research on the topic 'Pure Theory of Law.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.

1

Pihler, Stanko. "Dignity of law in Kelsen's "pure" theory of law." Glasnik Advokatske komore Vojvodine 70, no. 9 (1998): 158–67. http://dx.doi.org/10.5937/gakv9804158p.

Full text

Abstract:

Method is the substance of Kelsen's "pure" theory' of law. The law is a world of "necessitation", but not a world of "being". Kelsen's theory is very important for fignity of law and lawyers; it does not justify (legitimate), but only ascertain. Although Kelsen does not accept the idea of "natural law", his theory, being tolerant and in its own way still limited, does not prevent the possibility of the different access to law.

APA, Harvard, Vancouver, ISO, and other styles

2

BULYGIN, EUGENIO. "An Antimony in Kelsen's Pure Theory of Law." Ratio Juris 3, no. 1 (March 1990): 29–45. http://dx.doi.org/10.1111/j.1467-9337.1990.tb00049.x.

Full text

APA, Harvard, Vancouver, ISO, and other styles

3

Gardner, John. "The idea of a pure theory of law." Jurisprudence 10, no. 1 (January 2, 2019): 118–20. http://dx.doi.org/10.1080/20403313.2018.1560038.

Full text

APA, Harvard, Vancouver, ISO, and other styles

4

Machalová, Tatiana. "The Significance of Pure Theory of Law for Ethicalization of Law." Journal of the University of Latvia. Law 11 (2018): 13–23. http://dx.doi.org/10.22364/jull.11.02.

Full text

APA, Harvard, Vancouver, ISO, and other styles

5

Kletzer, Christoph. "Philosophy, Law, and Permission." American Journal of Jurisprudence 66, no. 2 (December 1, 2021): 373–93. http://dx.doi.org/10.1093/ajj/auab023.

Full text

Abstract:

Abstract: The Idea of a Pure Theory of Law presents a new jurisprudential theory based on Hans Kelsen's Pure Theory of Law. This article responds to some criticisms of that book, in particular those that question the role that permissions can play in our thinking about he law. The article begins with a brief restatement of the basic ideas behind my theory of permission and then tackles the most salient clusters of criticism. It ends with a discussion of some more general points that have been made about my book.

APA, Harvard, Vancouver, ISO, and other styles

6

Heidemann, Carsten. "Facets of ‘Ought’ in Kelsen's Pure Theory of Law." Jurisprudence 4, no. 2 (November 20, 2013): 246–62. http://dx.doi.org/10.5235/20403313.4.2.246.

Full text

APA, Harvard, Vancouver, ISO, and other styles

7

Ross, A., and H. P. Olsen. "The 25th Anniversary of the Pure Theory of Law." Oxford Journal of Legal Studies 31, no. 2 (March 8, 2011): 243–72. http://dx.doi.org/10.1093/ojls/gqr003.

Full text

APA, Harvard, Vancouver, ISO, and other styles

8

Kletzer, Christoph. "Pure Cosmopolitanism: The Theory and Politics of Kelsen's Theory of International Law." Jurisprudence 3, no. 2 (December 2012): 505–8. http://dx.doi.org/10.5235/jurisprudence.3.2.505.

Full text

APA, Harvard, Vancouver, ISO, and other styles

9

Pereira, Paulo Henrique Rodrigues. "A moldura kelseniana: formulação dos limites da interpretação na Teoria Pura do Direito." Revista da Faculdade de Direito, no. 43 (August 31, 2020): 221–44. http://dx.doi.org/10.22456/0104-6594.95195.

Full text

Abstract:

RESUMOA Teoria Pura do Direito figura como uma das grandes obras do pensamento jurídico do século XX. Entretanto, pouco se explora a visão do autor sobre a interpretação das normas e dos princípios em sua visão totalizante do direito. O presente artigo busca reconstituir a discussão sobre as limitações da visão de Hans Kelsen sobre a interpretação no direito, focando em sua Teoria Pura. Através da delimitação das críticas feitas a Kelsen, nominalmente sobre incoerência e insuficiência da operação de sua teoria, o autor passará à abordagem do próprio Kelsen sobre a interpretação como resposta a tais críticas, para então produzir um balanço desse debate.PALAVRAS-CHAVEKelsen. Interpretação. Teoria Pura do Direito. Filosofia do Direito. ABSTRACTThe “Pure Theory of Law” occupies a place as one of the most relevant works of legal thinking in the 20th Century. However, little is discussed on Hans Kelsen’s vision on interpretation of norms and principles in his systematic vision of Law. This article seeks to explore the discussion regarding the limitations of his vision on interpretation of Law, focusing on his Pure Theory. Through the delimitation of the criticism to his work, specially of incoherence and insufficiency of the operation of his theory, the author will then pursue Kelsen’s own approach on the interpretation as an answer to such criticism, to then display an overall assessment of this debate.KEYWORDSKelsen. Interpretation. Pure Theory of Law. Philosophy of Law.

APA, Harvard, Vancouver, ISO, and other styles

10

Kraevsky, Arseny A. "Validity and efficacy of international law according to the pure theory of law." Vestnik of Saint Petersburg University. Law 12, no. 1 (2021): 184–204. http://dx.doi.org/10.21638/spbu14.2021.113.

Full text

Abstract:

At the beginning of its development, the science of international law was inextricably linked to the doctrine of natural law. The latter was seen as the basis of international law. The very problem of the foundations of international law became acute in the 19th century, when the prevailing legal positivism abandoned the idea of natural law. All proposed solutions were based on the idea of self-obligation of sovereign states. Some of them questioned the very existence of international law, while others required the introduction of explicit fictions. In an attempt to solve this problem, the pure theory of law developed by Hans Kelsen and his students proposed a theory of a hierarchical structure of international and domestic law. The relationship between the levels of the normative system is based on the empowering norms, which transfer the property of legal validity to the lower norms created on their basis. The concept of validity corresponds to the concept of efficacy of the norm. The interrelation of validity and efficacy of legal norms in international law differs significantly from their interrelation in domestic law; the study of this relationship in Kelsen’s theory was the main purpose of this study. The structure of international law according to Kelsen is a pyramid, the highest level of which is customary international law, based on the basic norm of international law that establishes the binding force of international custom. In this case, from the point of view of the pure theory of law, a special role in international law is played by the principle of effectiveness — recognition of the existing factual state of affairs as legitimate. The greater importance of this principle in international law is explained by the absence of a centralized system of coercion in the latter because decentralized legal order does not allow the application of organized sanctions in instances of violation of international legal norms.

APA, Harvard, Vancouver, ISO, and other styles

11

Spielvogel, Izabela, and Michael Pietsch. "The Metaphorical Aspect of Hans Kelsen’s Pure Theory of Law." Medycyna Nowożytna 26, no. 1 (2020): 75–90. http://dx.doi.org/10.4467/12311960mn.20.004.12620.

Full text

APA, Harvard, Vancouver, ISO, and other styles

12

Zalewska, Monika. "The Metaphorical Aspect of Hans Kelsen’s Pure Theory of Law." Principia, no. 65 (2018): 185–206. http://dx.doi.org/10.4467/20843887pi.18.008.9891.

Full text

APA, Harvard, Vancouver, ISO, and other styles

13

Paz, Reut Yael. "Kelsen’s Pure Theory of Law as “a Hole in Time”." Monde(s) 7, no. 1 (2015): 75. http://dx.doi.org/10.3917/mond1.151.0075.

Full text

APA, Harvard, Vancouver, ISO, and other styles

14

PAULSON, STANLEY L. "The Neo-Kantian Dimension of Kelsen's Pure Theory of Law." Oxford Journal of Legal Studies 12, no. 3 (1992): 311–32. http://dx.doi.org/10.1093/ojls/12.3.311.

Full text

APA, Harvard, Vancouver, ISO, and other styles

15

Vinx, Lars. "Austin, Kelsen, and the Model of Sovereignty." Canadian Journal of Law & Jurisprudence 24, no. 2 (July 2011): 473–90. http://dx.doi.org/10.1017/s0841820900005282.

Full text

Abstract:

Hans Kelsen’s critique of John Austin has so far attracted little attention among legal theorists. This article argues that Kelsen’s attack on Austin anticipated the key elements of Hart’s rejection of the Austinian conception of law as sanction-backed sovereign command. At the same time, the way in which Kelsen presents his critique of Austin’s conception of sovereignty reveals important differences in purpose and intention between Kelsen’s Pure Theory of Law and Hart’s legal theory. The Pure Theory of Law is animated by an ideal of legality that is alien to purely descriptive jurisprudential approaches in the Hartian tradition.The article concludes that this difference between Kelsen and Hart merits further exploration and that it might help to show that the Pure Theory of Law is still relevant to contemporary legal theory.

APA, Harvard, Vancouver, ISO, and other styles

16

KAMMERHOFER, JÖRG. "Kelsen – Which Kelsen? A Reapplication of the Pure Theory to International Law." Leiden Journal of International Law 22, no. 2 (June 2009): 225–49. http://dx.doi.org/10.1017/s0922156509005809.

Full text

Abstract:

AbstractHans Kelsen is known both as a legal theorist and as an international lawyer. This article shows that his theory of international law is an integral part of the Kelsenian Pure Theory of Law. Two areas of international law are analysed: first, Kelsen's coercive order paradigm and its relationship to the bellum iustum doctrine; second, the Kelsenian notion of the unity of all law vis-à-vis theories of the relationship of international and municipal law. In a second step, the results of Kelsenian general legal theory of the late period – as interpreted and developed by the present author – are reapplied to selected doctrines of international law. Thus is the coercive order paradigm resolved, the unity of law dissolved, and the UN Charter reinterpreted to show that the concretization of norms as positive international law cannot be unmade by a scholarship usurping the right to make law.

APA, Harvard, Vancouver, ISO, and other styles

17

Somek, Alexander. "A Pure Theory with a Naturalistic Fallacy? A Critique of Kletzer’s Reformulation." American Journal of Jurisprudence 66, no. 2 (November 30, 2021): 321–37. http://dx.doi.org/10.1093/ajj/auab022.

Full text

Abstract:

Abstract: Kletzer’s book is the most important and most original contribution to the project of the Pure Theory of law that we have seen in decades. The reformulation that is offered by Kletzer raises the question, however, whether it is also consistent with Kelsen’s original project. This may be doubted, for it is to be feared that Kletzer’s theory involves a variety of the naturalistic fallacy and celebrates de facto as natural law the law of the jungle. As an attempt to continue the legacy of the Pure Theory, Kletzer’s contribution fails. The root of the failure lies in the conflation of alethic and deontic modalities.

APA, Harvard, Vancouver, ISO, and other styles

18

Savenkov, Dmitry Aleksandrovich. "The problem of anti-psychologism in Hans Kelsen’s “Pure Theory of Law”." Право и политика, no. 12 (December 2021): 22–28. http://dx.doi.org/10.7256/2454-0706.2021.12.37176.

Full text

Abstract:

This article examines the nature and specificity of the criticism of psychologism as a theoretical-methodological orientation towards studying law and its interpretation, which in particular was associated with such version of interpretation of law as the “Pure Theory of Law” of Hans Kelsen. More in-depth representations of modern legal theory in understanding the patterns of law and its essential aspects requires the due coverage of the history of psychological and anti-psychological approaches towards law that form of the major oppositions in the development of legal though at the turn of the XIX – XX centuries. Multiple aspects of H. Kelsen's legal views are yet to be examined, including the correlation of his doctrine with other doctrines, as well as the nature of substantiation of law and the analysis of legal phenomena. The scientific novelty of lies in the fact that based on the analysis of legal views of the Austrian jurist Hans Kelsen wirh his pronounced claim to exclude all “non-legal’ elements, it is revealed that a significant part of conceptual-logical apparatus of Kelsen’s teaching and the approaches towards substantiation of law were psychological in nature. Unlike the objective-idealistic positions of H. Kelsen, legal Neo-Kantianism was methodologically more accurate in elucidation of interrelation between the actual legal phenomenon and the role of gnoseological methods of perception and comprehension of law. The assessment of H. Kelsen’s doctrine as the theory of law is subject to criticism in this article, since in reality it is limited to the issues of legal methodology.

APA, Harvard, Vancouver, ISO, and other styles

19

Guastini, Riccardo. "Legal Realism as a Positivistic Theory of Law." Isonomía - Revista de teoría y filosofía del derecho, no. 53 (October 31, 2020): 127–37. http://dx.doi.org/10.5347/isonomia.v0i53.452.

Full text

Abstract:

Since the Sixties, following Norberto Bobbio, everyone is (or should be) used to distinguish among methodological, theoretical, and ideological legal positivism (LP). By the way, in Italian legal-philosophical literature, LP is often opposed to legal realism (LR). One has to wonder, however: what kind of LP and what kind of LR are we talking about? (i) As to LR, those scholars who oppose realism and positivism have in mind most of all Scandinavian Realism, especially Olivecrona and Ross. (ii) As to LP, those scholars who oppose realism and positivism have in mind either the 19th century prevailing theory of law or Kelsen’s pure theory. The opposition between LR and the pure theory is sound. Nonetheless, such an opposition does not arise from a supposed anti-positivistic stance of LR. It depends on two non-positivistic theses endorsed by Kelsen: the concept of validity as binding force, and the normative theory of legal science, conceived of a set of deontic (non-factual) sentences echoing valid (i.e., binding) norms. The opposition between LR and 19th century LP is equally sound, but does not hold when referred to contemporary LP, which is mainly conceived of as a methodological (Benthamite) attitude towards the law. LR is an openly positivistic view about the law. To be sure, not all positivist legal scholars are realist, but all realists are (“hard”) positivists.

APA, Harvard, Vancouver, ISO, and other styles

20

Kubinjec, Janko. "Kelsen's reduction of law phenomenon." Glasnik Advokatske komore Vojvodine 70, no. 9 (1998): 149–57. http://dx.doi.org/10.5937/gakv9804149k.

Full text

Abstract:

In his pure theory of law Kelsen did not make the structural analysis of law phenomenon. This is his primary admission, He has overlooked the metaphysics component - the existence of legality of law phenomenon. Kelsen has not differentiated the law categories from the law solutions.

APA, Harvard, Vancouver, ISO, and other styles

21

Duxbury, Neil. "Hans Kelsen's Pure Theory of Law: Legality and Legitimacy by Lars Vinx." Modern Law Review 71, no. 4 (July 2008): 647–50. http://dx.doi.org/10.1111/j.1468-2230.2008.00710_1.x.

Full text

APA, Harvard, Vancouver, ISO, and other styles

22

Sólyom, Péter. "Between Legal Technique and Legal Policy: Remarks on Hans Kelsen’s Constitutional Theory." Canadian Journal of Law & Jurisprudence 30, no. 2 (August 2017): 399–411. http://dx.doi.org/10.1017/cjlj.2017.18.

Full text

Abstract:

In this article I seek to re-interpret some of the problems characteristic of Kelsen’s constitutional theory. I shall do so by making use of the Kelsenian perspectives of the legal scholar and the policy-maker as developed in his Pure Theory of Law. I shall argue that in his discussion of constitutional policy issues, Kelsen’s treatises mix legal theoretical arguments (related to the perspective of the legal scholar) with the practical approach of legal policy. My main contention is that political principles are more important for the use of Kelsen’s legal theoretical concepts than usually acknowledged in generally accepted interpretations. The Pure Theory of Law is based on the rejection of autocratic legal thinking, and may be regarded as a formalistic theory of law for a democratic rule of law. Such a conclusion, however, also means that Kelsen’s views concerning the methodology of legal theory are no longer tenable.

APA, Harvard, Vancouver, ISO, and other styles

23

Paulson, Stanley L. "The Weak Reading of Authority in Hans Kelsen's Pure Theory of Law." Law and Philosophy 19, no. 2 (March 2000): 131. http://dx.doi.org/10.2307/3505163.

Full text

APA, Harvard, Vancouver, ISO, and other styles

24

Cella, G., U. M. Heller, V. K. Mitrjushkin, and A. Viceré. "Coulomb law in the pure gauge U(1) theory on a lattice." Physical Review D 56, no. 7 (October 1, 1997): 3896–902. http://dx.doi.org/10.1103/physrevd.56.3896.

Full text

APA, Harvard, Vancouver, ISO, and other styles

25

Troper, Michel. "Hans Kelsen's Pure Theory of Law: Legality and Legitimacy (review)." University of Toronto Law Journal 58, no. 4 (2008): 521–27. http://dx.doi.org/10.1353/tlj.0.0013.

Full text

APA, Harvard, Vancouver, ISO, and other styles

26

Techet, Peter. "Hans Kelsen’s Pure Theory of Law as Critique of the “Authoritarian” Understanding of Law and Jurisprudence." Anali Pravnog fakulteta u Beogradu, Volume 70, Issue 1 (March 30, 2022): 77–99. http://dx.doi.org/10.51204/anali_pfbu_22103a.

Full text

Abstract:

In this paper, I analyse Hans Kelsen’s understanding of jurisprudence and law – by contrasting the normative-dogmatic understanding, which I will call “authoritarian”. By establishing the primacy of politics and rejecting the prescriptive function of jurisprudence, Hans Kelsen enabled a democratic concept of law (and of jurisprudence), and at the same time a critical and political approach. Kelsen defines the law from a dynamic perspective, which justifies the constant changeability of the law – and in this respect the primacy of democratic politics over dogmatic jurisprudence. The normative basis for Kelsen’s understanding of jurisprudence is his relativism, which is based on a moral position on the autonomy of the individual.

APA, Harvard, Vancouver, ISO, and other styles

27

Sylvest, Casper. "Realism and international law: the challenge of John H. Herz." International Theory 2, no. 3 (November 2010): 410–45. http://dx.doi.org/10.1017/s1752971910000242.

Full text

Abstract:

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.

APA, Harvard, Vancouver, ISO, and other styles

28

Hardy, Hugo. "La critique perelmanienne de la théorie pure du droit: Essai de synthèse." Canadian journal of law and society 21, no. 2 (August 2006): 51–64. http://dx.doi.org/10.1017/s0829320100008942.

Full text

Abstract:

AbstractChaim Perelman's critique of Kelsen's pure theory of law concerns mainly two elements: his theory of interpretation and his conception of court decision. Although a court decision is never formally deduced from the law, one cannot say neither that it is “arbitrary”: it leans on reasons, which cannot be reduced to the judge's individual motives and whose value can thus be assessed by the “science of law.” As for interpretation, it is not limited to establishing the meaning of the law's terms, but contributes also to specifying the meaning of the law itself in relation to cultural values—even if these values are not explicitly mentioned by the law. In confining the judge's role to the strict application of the law, the Kelsenian conception of judicial power defies the Kelsenian epistemological imperative, which is to describe “how the law is, not how it ought to be.”

APA, Harvard, Vancouver, ISO, and other styles

29

Zalewska, Monika. "Czy pragmatyka jest u Kelsena możliwa?" Filozofia Publiczna i Edukacja Demokratyczna 2, no. 2 (July 14, 2018): 169–80. http://dx.doi.org/10.14746/fped.2013.2.2.21.

Full text

Abstract:

The main goal of Hans Kelsen’s Pure Theory of Law is to build a science of law. Kelsen is looking for a valid conditions of legal science and find them in neokantian philosophy. However, in the last phase when he turns into linguistic paradigm, he can’t explain science of law through neokantian terms anymore. In this case the question arises, how to recognize law from other linguistic expressions. Normally one could recall context of such expression (pragmatical context). In Kelsen’s case this is impossible as he distinguishes between is and ought and postulates that we should study law only on ought sphere. Despite this I will try to demonstrate that the pragmatics is possible in Pure Theory of Law by transforming previous neokantian categories into pragmatic ones.

APA, Harvard, Vancouver, ISO, and other styles

30

Palmer, James D. "Liability for Negligently Performed Financial Services: An Economic Theory." Victoria University of Wellington Law Review 26, no. 1 (February 1, 1996): 71. http://dx.doi.org/10.26686/vuwlr.v26i1.6177.

Full text

Abstract:

The law governing the recovery of negligently inflicted pure economic losses is complex and confusing. This article focuses on pure economic losses caused by negligently performed financial services, and considers whether a "law and economics" approach provides a superior framework for analysing the desirability of imposing negligence liability than that provided by traditional legal analysis. The article first discusses the law regarding negligently performed financial services and critiques the legal reasoning used to justify restricted liability. The author then introduces the law and economics approach to negligence liability. The special considerations which apply when a loss is purely economic and caused by a carelessly performed financial service are then analysed. Finally, a rule of discovery based on the economic analysis is presented, and its application is discussed with respect to some of the leading cases. The author concludes that the economic approach provides a powerful set of tools capable of explaining the major decisions in this area in terms of economic efficiency and wealth maximisation. It provides a clearer understanding of the factors that determine what the appropriate restrictions are, and is thus more convincing for determining liability than traditional legal analysis.

APA, Harvard, Vancouver, ISO, and other styles

31

Kelsen, Hans. "On the theory of interpretation." Legal Studies 10, no. 2 (July 1990): 127–35. http://dx.doi.org/10.1111/j.1748-121x.1990.tb00595.x.

Full text

Abstract:

The legal system is not a system of co-ordinate norms, found at one and the same level. Rather, it is a hierarchical structure of superordinate and subordinate legal norms, whose reciprocal relations are illuminated by the structural analysis undertaken by the Pure Theory of Law. The enquiry into the hierarchical structure of the legal system has significant consequences for the problem of interpretation. Interpretation is an intellectual activity accompanying the law-creating process as it moves from a higher level of the hierarchical structure to the lower level governed by this higher level. In the standard case, that of interpreting statutes, the question to be answered is how, in applying the general norm (the statute) to a concrete material fact, one is to arrive at a corresponding individual norm (a judicial decision or an administrative act).

APA, Harvard, Vancouver, ISO, and other styles

32

Escher, Ana. "How to pull types of discretion out of kelsen's Pure Theory of Law." Pravni zapisi 10, no. 2 (2019): 382–98. http://dx.doi.org/10.5937/pravzap0-23758.

Full text

APA, Harvard, Vancouver, ISO, and other styles

33

Etudaiye, Mohammed Enesi. "The Pure Theory of Law and the Fragile New Democracies of the Developing World." Commonwealth Law Bulletin 33, no. 2 (June 2007): 217–42. http://dx.doi.org/10.1080/03050710701594597.

Full text

APA, Harvard, Vancouver, ISO, and other styles

34

Shivakumar, Dhananjai. "The Pure Theory as Ideal Type: Defending Kelsen on the Basis of Weberian Methodology." Yale Law Journal 105, no. 5 (March 1996): 1383. http://dx.doi.org/10.2307/797179.

Full text

APA, Harvard, Vancouver, ISO, and other styles

35

Koch Mikalsen, Kjartan. "The Irrelevance of History: In Defense of a Pure Functionalist Theory of Territorial Jurisdiction." Ratio Juris 33, no. 3 (September 2020): 291–306. http://dx.doi.org/10.1111/raju.12294.

Full text

APA, Harvard, Vancouver, ISO, and other styles

36

Rochman, Saepul, Kelik Wardiono, and Khudzaifah Dimyati. "The Ontology of Legal Science: Hans Kelsen’s Proposal of the ‘Pure Theory of Law’." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 5, no. 3 (January 19, 2019): 543–57. http://dx.doi.org/10.22304/pjih.v5n3.a8.

Full text

APA, Harvard, Vancouver, ISO, and other styles

37

Włoch, Wojciech. "Epistemological–Normative Function of the Basic Norm in Hans Kelsen’s Pure Theory of Law." Dialogue and Universalism 23, no. 2 (2013): 25–42. http://dx.doi.org/10.5840/du20132323.

Full text

APA, Harvard, Vancouver, ISO, and other styles

38

Kammerhofer, Jörg. "The Pure Theory of Law and Its “Modern” Positivism: International Legal Uses for Scholarship." Proceedings of the ASIL Annual Meeting 106 (2012): 365–67. http://dx.doi.org/10.5305/procannmeetasil.106.0365.

Full text

APA, Harvard, Vancouver, ISO, and other styles

39

Endah, Rahadjeng. "INVESTIGASI PENDEK ATAS KESEJARAHAN TEORI HUKUM, SELAKU DISIPLIN YANG MENGEMBAN MISI TEORETIKAL BIDANG HUKUM." Jurnal Hukum & Pembangunan 40, no. 1 (March 3, 2010): 1. http://dx.doi.org/10.21143/jhp.vol40.no1.214.

Full text

Abstract:

AbstrakThe work of Hans Kelsen which is known as "The Theory of Pure Science ofLaw" different from that of the Theory of Jurisprudence or in Dutch as"Alegemeine Rechtleer ". He desires to create a pure science of law, strippedfrom all irrelevant, and to separate jurisprudence from the social sciences.Kelsen refuses to define law as a command, for that introduces subjectiveand political considerations and he wishes his science to be truly objective.He wishes to separate the Realm of Jurisprudence from that of NaturalScience, the latter deals with couses and effects. Law and the State one reallythe same thing envisaged from different aspects. A legal order becomes aState when it has developed organs for the creation, declaration, andenforcement of law. When we look at the abstract rules we think of the legalorder, when we examine the institutions by which law is put into effect wethink of the State. But it is merely looking at the same thingfrom two angles

APA, Harvard, Vancouver, ISO, and other styles

40

Köpcke, Maris. "Positivism’s Implosion." American Journal of Jurisprudence 66, no. 2 (November 25, 2021): 355–71. http://dx.doi.org/10.1093/ajj/auab017.

Full text

Abstract:

Abstract: Kletzer’s recent book The Idea of a Pure Theory illustrates the incoherence of a legal theory’s methodological commitment to “purity,” and hence to independence from moral and empirical concerns. Unlike other self-styled “positivist” accounts that pay mere lip service to this methodological agenda, Kletzer helpfully spells it out and follows it through, to the point of expunging from his account anything bearing the resemblance of an argument from first principles. He associates moral with theological reasoning, and theological reasoning in turn with legal reasoning by appeal to validating criteria. But his account pays a high price for purity. The price is the account’s internal contradiction and inconsistency with a legal theory’s criteria of success. Reflection on Kletzer’s enterprise suggests that we have reason to reject a “pure” method in doing legal theory.

APA, Harvard, Vancouver, ISO, and other styles

41

Cheng, Wei, Zhi Gang Wang, and Shu Chang Long. "Theory Analysis of Functionally Graded Materials Cylindrical Shell Buckling under Pure Bending." Applied Mechanics and Materials 580-583 (July 2014): 2928–31. http://dx.doi.org/10.4028/www.scientific.net/amm.580-583.2928.

Full text

Abstract:

Buckling behavior of functionally graded materials cylindrical shell under pure bending is studied in this paper. The stability equations of functionally graded materials cylindrical shell are derived using the classical plate and shell theory with Kirchhoff hypothesis, importing the bending boundary condition to obtain the critical buckling load. The result shows that the critical moment is linear with the radius, quadratic with the thickness and irrelevant with the length of the cylindrical shell. In addition, the critical moment is decreased by increasing the power law index of the material bulk, trending to a constant finally.

APA, Harvard, Vancouver, ISO, and other styles

42

Bejan, A. "Constructal theory of pattern formation." Hydrology and Earth System Sciences 11, no. 2 (January 17, 2007): 753–68. http://dx.doi.org/10.5194/hess-11-753-2007.

Full text

Abstract:

Abstract. This review article shows that the occurrence of macroscopic flow configuration is a universal natural phenomenon that can be explained and predicted on the basis of a principle of physics (the constructal law): "For a flow system to persist in time (to survive) it must evolve in such a way that it provides easier and easier access to the currents that flow through it". The examples given in this article come from natural inanimate flow systems with configuration: duct cross-sections, open channel cross-sections, tree-shaped flow architectures, and turbulent flow structure (e.g., eddies, laminar lengths before transition). Other examples that are treated in the literature, and which support the constructal law, are the wedge-shape of turbulent shear layers, jets and plumes, the frequency of vortex shedding, Bénard convection in fluids and fluid-saturated porous media, dendritic solidification, the coalescence of solid parcels suspended in a flow, global atmospheric and oceanic circulation and climate, and virtually all architectural features of animal design. The constructal law stresses the importance of reserving a place for pure theory in research, and for constantly searching for new physics – new summarizing principles that are general, hence useful.

APA, Harvard, Vancouver, ISO, and other styles

43

Bejan, A. "Constructal theory of pattern formation." Hydrology and Earth System Sciences Discussions 3, no. 4 (July 19, 2006): 1773–807. http://dx.doi.org/10.5194/hessd-3-1773-2006.

Full text

Abstract:

Abstract. This review article shows that the occurrence of macroscopic flow configuration is a universal natural phenomenon that can be explained and predicted on the basis of a principle of physics (the constructal law): "For a flow system to persist in time (to survive) it must evolve in such a way that it provides easier and easier access to the currents that flow through it". The examples given in this article come from natural inanimate flow systems with configuration: duct cross-sections, open channel cross-sections, tree-shaped flow architectures, and turbulent flow structure (e.g., eddies, laminar lengths before transition). Other examples that are treated in the literature, and which support the constructal law, are wedge-shape of turbulent shear layers, jets and plumes, the frequency of vortex shedding, Bénard convection in fluids and fluid-saturated porous media, dendritic solidification, the coalescence of solid parcels suspended in a flow, global atmospheric and oceanic circulation and climate, and virtually all architectural features of animal design. The constructal law stresses the importance of reserving a place for pure theory in research, and for constantly searching for new physics – new summarizing principles that are general, hence useful.

APA, Harvard, Vancouver, ISO, and other styles

44

Harun, Muhammad. "Philosophical Study of Hans Kelsen's Thoughts on Law and Satjipto Rahardjo's Ideas on Progressive Law." Walisongo Law Review (Walrev) 1, no. 2 (October 30, 2019): 195. http://dx.doi.org/10.21580/walrev.2019.1.2.4815.

Full text

Abstract:

<p>The purpose of this paper is to compare and evaluate the thoughts of Hans Kelsen with Satjipto Raharjo. Both offer their respective theories, namely Hans Kelsen's pure legal theory and Satjipto Rahardjo's progressive law. In this theory, both of them base their philosophical approach. After reviewing, the theories of these two figures are relevant for interpreting the law. This paper uses a critical paradigm with a combination of normative or doctrinal and sociological or non-doctrinal approaches. The results showed that Hans Kelsen directed his mind that legal positivism considers moral speech, values are finished and final when it comes to the formation of positive law. Pure Legal Theory is not a perfect copy of transcendental ideas, but it does not try to see the law as a posterity of justice. While Rahardjo's progressive law rests on the aspects of rules and behavior. Regulations will build a positive and rational legal system. While the behavioral or human aspects will drive the rules and systems that are built.</p><p> </p><p>Tujuan penulisan ini adalah untuk membandingkan dan mengevaluasi pemikiran Hans Kelsen dengan Satjipto Raharjo. Keduanya menawarkan teori masing-masing, yaitu teori hukum murni Hans Kelsen dan hukum progresif Satjipto Rahardjo. Dalam teori ini, keduanya sama-sama mendasarkan pendekatan secara filosif. Setelah dikaji, teori dari kedua tokoh ini relevan untuk memaknai hukum. Tulisan ini menggunakan paradigima kritis dengan pendekatan kombinasi normatif atau doktrinal dan sosiologis atau non doktrinal. Hasil penelitian menunjukkan bahwa Hans Kelsen lebih mengarahkan pikirannya bahwa positivisme hukum yang menganggap pembicaraan moral, nilai-nilai telah selesai dan final manakala sampai pada pembentukan hukum positif. Teori Hukum Murni bukanlah salinan ide transendental yang sempurna, namun tidak berusaha memandang hukum sebagai anak cucu keadilan. Sementara hukum progresifnya Rahardjo bertumpu pada aspek peraturan dan perilaku (rules and behavior). Peraturan akan membangun suatu sistem hukum positif yang logis dan rasional. Sedangkan aspek perilaku atau manusia akan menggerakkan peraturan dan sistem yang dibangun. </p>

APA, Harvard, Vancouver, ISO, and other styles

45

Harun, Muhammad. "Philosophical Study of Hans Kelsen's Thoughts on Law and Satjipto Rahardjo's Ideas on Progressive Law." Walisongo Law Review (Walrev) 1, no. 2 (October 18, 2019): 199. http://dx.doi.org/10.21580/walrev.2019.2.2.4815.

Full text

Abstract:

<p>The purpose of this paper is to compare and evaluate the thoughts of Hans Kelsen with Satjipto Raharjo. Both offer their respective theories, namely Hans Kelsen's pure legal theory and Satjipto Rahardjo's progressive law. In this theory, both of them base their philosophical approach. After reviewing, the theories of these two figures are relevant for interpreting the law. This paper uses a critical paradigm with a combination of normative or doctrinal and sociological or non-doctrinal approaches. The results showed that Hans Kelsen directed his mind that legal positivism considers moral speech, values are finished and final when it comes to the formation of positive law. Pure Legal Theory is not a perfect copy of transcendental ideas, but it does not try to see the law as a posterity of justice. While Rahardjo's progressive law rests on the aspects of rules and behavior. Regulations will build a positive and rational legal system. While the behavioral or human aspects will drive the rules and systems that are built.</p><p> </p><p>Tujuan penulisan ini adalah untuk membandingkan dan mengevaluasi pemikiran Hans Kelsen dengan Satjipto Raharjo. Keduanya menawarkan teori masing-masing, yaitu teori hukum murni Hans Kelsen dan hukum progresif Satjipto Rahardjo. Dalam teori ini, keduanya sama-sama mendasarkan pendekatan secara filosif. Setelah dikaji, teori dari kedua tokoh ini relevan untuk memaknai hukum. Tulisan ini menggunakan paradigima kritis dengan pendekatan kombinasi normatif atau doktrinal dan sosiologis atau non doktrinal. Hasil penelitian menunjukkan bahwa Hans Kelsen lebih mengarahkan pikirannya bahwa positivisme hukum yang menganggap pembicaraan moral, nilai-nilai telah selesai dan final manakala sampai pada pembentukan hukum positif. Teori Hukum Murni bukanlah salinan ide transendental yang sempurna, namun tidak berusaha memandang hukum sebagai anak cucu keadilan. Sementara hukum progresifnya Rahardjo bertumpu pada aspek peraturan dan perilaku (rules and behavior). Peraturan akan membangun suatu sistem hukum positif yang logis dan rasional. Sedangkan aspek perilaku atau manusia akan menggerakkan peraturan dan sistem yang dibangun. </p>

APA, Harvard, Vancouver, ISO, and other styles

46

McCormick, Matt. "Kant’s Theory of Mind in the Critique of Pure Reason’s Subjective Deduction." Journal of Value Inquiry 39, no. 3-4 (May 4, 2007): 353–81. http://dx.doi.org/10.1007/s10790-007-9009-4.

Full text

APA, Harvard, Vancouver, ISO, and other styles

47

de Carolis, Daniele. "A New Approach to International Taxation Dispute Resolution Process (ITDRP)." Intertax 45, Issue 5 (May 1, 2017): 391–401. http://dx.doi.org/10.54648/taxi2017031.

Full text

Abstract:

This work puts forward an interdisciplinary approach to the study of International Taxation Dispute Resolution Process (ITDRP) which combines legal analysis with International Relations theory. It is argued that the strengths of this approach are twofold: it underlies a number of aspects embedded in ITDRPs which are not immediately evident according to a pure legal analysis and develops a framework for the comparison between ITDRPs and the main systems of international dispute settlement in other domains allowing to overcome a number of shortcomings which a comparison conducted on pure legal terms entails.

APA, Harvard, Vancouver, ISO, and other styles

48

Kaleta, Krzysztof J., and Krzysztof Koźmiński. "Charakter władzy suwerennej w koncepcjach ładu konstytucyjnego Hansa Kelsena i Carla Schmitta." Filozofia Publiczna i Edukacja Demokratyczna 2, no. 2 (July 14, 2018): 154–68. http://dx.doi.org/10.14746/fped.2013.2.2.20.

Full text

Abstract:

The purpose of this article is to review the controversy between two, potentially most influential legal theorists in 20th century, Hans Kelsen and Carl Schmitt. Their philosophical concepts: Schmittian decisionism and Kelsenian normativism, were based on different assumptions, leading their authors to variant practical conclusions. It is reasonable to infer that the differences in their visions of constitutional order were deeply rooted in different intellectual traditions – not only political (Kelsen’s involvement in defense of liberal democracy unlike Carl Schmitt, whose conservative attitude and critique of liberalism led to support totalitarian state and extreme right wing ideology), but also theological (pantheistic idea of God and fideism; conflict between rationality and faith). So from this perspective „Pure theory of law” can be seen as pantheistic political theology, because „pantheism overcomes the opposition of God and World; the Pure Theory of Law accordingly overcomes the opposition of State and Law”. On the other hand legal philosophy of Carl Schmitt is inspired by the Roman Catholic theological concept of the miracle, whereby God is free from the laws of nature – and in consequence – the sovereign is not bound by the law and may decide exceptions to it.

APA, Harvard, Vancouver, ISO, and other styles

49

Duxbury, Neil. "Exploring legal tradition: psychoanalytical theory and Roman law in modern continental jurisprudence." Legal Studies 9, no. 1 (March 1989): 84–98. http://dx.doi.org/10.1111/j.1748-121x.1989.tb00387.x.

Full text

Abstract:

The idea that psychoanalysis might be of use in the study oflaw and legal activity is by no means anything new. At the beginning of this century, the Russo-Polish jurist Leon Petrazycki proposed a theory of legal psychology, arguing that law, as an intuitively intelligible component of the human mental process, is in essence constituted by individual feelings of moral obligation and responsibility. Around the same time, psychoanalytical theory was beginning to make a slight impact on American and European jurisprudential thinking. This impact was to become all the more significant when, in the 1930s, Thurman Arnold and Jerome Frank presented arguments about the nature oflegal reasoning, and the roles of both academic lawyers and judges, which were very clearly founded upon broad interpretations of psychoanalytic ideas and concepts. In the continental tradition, Hans Kelsen, though in his early work drawing a distinction ‘between pure legal theory and psychological-sociological speculation,’ nevertheless attempted on occasion to conceive of the sovereignty of the state in Freudian psychoanalytic terms

APA, Harvard, Vancouver, ISO, and other styles

50

Mao, Xi-an, and Manfred Holz. "14N Quadrupole Relaxation of DMF and DMF-d7 in DMSO at Infinite Dilution." Zeitschrift für Naturforschung A 49, no. 11 (November 1, 1994): 1016–18. http://dx.doi.org/10.1515/zna-1994-1103.

Full text

Abstract:

Abstract The 14N quadrupole relaxation time in pure DMF is by 9% longer than in pure DMF-d7, showing the dependence of the reorientational molecular motion on the square root of the moment of inertia. But for traces of DMF and DMF-d7 in DMSO, the 14N quadrupole relaxation time tends to obey the "square-root-of-the-reduced-mass law", as expected from the kinetic theory of dense fluids. The vanishing of the moment-of-inertia effect on the intramolecular nuclear quadrupole relaxation is discussed in terms of molecular translation-rotation coupling.

APA, Harvard, Vancouver, ISO, and other styles

We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!