The Idea of a Pure Theory of Law : An Interpretation and Defence / Christoph Kletzer.

Format:

Book

Author/Creator:

Kletzer, Christoph, author.

Language:

English

Subjects (All):

Jurisprudence.

Law--Philosophy.

Law.

Legal positivism.

Physical Description:

1 online resource (vi, 150 pages)

Edition:

First edition.

Place of Publication:

Portland, Oregon : Hart Publishing, 2018.

System Details:

Mode of access: World Wide Web.

Summary:

Most contemporary legal philosophers tend to take force to be an accessory to the law. According to this prevalent view the law primarily consists of a series of demands made on us; force, conversely, comes into play only when these demands fail to be satisfied. This book claims that this model should be jettisoned in favour of a radically different one: according to the proposed view, force is not an accessory to the law but rather its attribute. The law is not simply a set of rules incidentally guaranteed by force, but it should be understood as essentially rules about force. The book explores in detail the nature of this claim and develops its corollaries. It then provides an overview of the contemporary jurisprudential debates relating to force and violence, and defends its claims against well-known counter-arguments by Hart, Raz and others. This book offers an innovative insight into the concept of Pure Theory. In contrast to what was claimed by Hans Kelsen, the most eminent contributor to this theory, the author argues that the core insight of the Pure Theory is not to be found in the concept of a basic norm, or in the supposed absence of a conceptual relation between law and morality, but rather in the fundamental and comprehensive reformulation of how to model the functioning of the law intended as an ordering of force and violence

Contents:

1. Introduction

2. The Purity of the Pure Theory of Law

I. What is the Pure Theory of Law?

II. The Contest of Standpoints

III. The Kantian Manoeuvre

IV. The Purity of the Pure Theory

V. The Primitive Function of the Law

VI. The Demand Model of the Functioning of Law

3. Law as an Order of Force or Violence

I. Law and Violence

II. The Germ of Law

III. Violence and Self-Help in Roman Law

IV. The Effectiveness of Law

V. Force as Content of the Law

VI. Law and State

VII. Criticism

4. Law as Permission

I. Introduction

II. Empowerment

III. Permission

IV. The Naturalistic Logic of Permission

V. The Functioning of Permissions

VI. Exclusionary Permissions?

5. The Law as a Schema of Interpretation

II. Schemata, Fictions and Institutional Facts

III. Schemata and Imagination

IV. Law and Order

6. Normative Monism

II. Legal Monism

III. Normative Monism

IV. The Great Incompatibility

V. The Normative Jinx

7. Absolute Positivism

II. Relative Positivism

III. Absolute Positivism Projected

IV. Agrippa's Trilemma

V. Absolute Positivism Developed

VI. Law as Legal Process

VII. The Basic Norm

8. Conclusion

Notes:

Includes bibliographical references and index.

Description based on print version record and CIP data provided by publisher; resource not viewed.

ISBN:

9781509913466

1509913467

9781509913459

1509913459

9781509913442

1509913440

OCLC:

1008759338