A Dynamic Approach to Hans Kelsen's General Theory of Norms / Monika Zalewska.

Format:

Book

Author/Creator:

Zalewska, Monika, author.

Series:

Law and practical reason.

Law and Practical Reason Series

Language:

English

Subjects (All):

Law--Interpretation and construction.

Law.

Physical Description:

1 online resource (192 pages)

Edition:

First edition.

Place of Publication:

Oxford, England : Hart Publishing, [2024]

System Details:

text file HTML

Summary:

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.

Contents:

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

Notes:

Description based on print version record.

Includes bibliographical references and index.

ISBN:

9781509942794

1509942793

9781509942770

1509942777

OCLC:

1463985049