By D.A. Jeremy Telman
This quantity explores the explanations for Hans Kelsen’s loss of impression within the usa and proposes ways that Kelsen’s method of legislation, philosophy, and political, democratic, and diplomacy thought should be suitable to present debates in the U.S. academy in these parts. alongside the way in which, the quantity examines Kelsen’s courting and sometimes hidden impacts on different participants of the mid-century critical ecu émigré neighborhood whose paintings assisted in shaping twentieth-century social technological know-how within the usa. The publication contains significant contributions to the historical past of rules and to the sociology of the professions within the U.S. academy within the 20th century. each one portion of the quantity explores a distinct element of the puzzle of the forget of Kelsen’s paintings in quite a few disciplinary and nationwide settings. half I offers reconstructions of Kelsen’s felony concept and defends that idea opposed to unfavorable checks in Anglo-American jurisprudence. half II focuses either on Kelsen’s theoretical perspectives on overseas legislation and his useful involvement within the post-war improvement of overseas felony legislations. half III addresses Kelsen’s theories of democracy and justice whereas putting him in discussion with different significant twentieth-century thinkers, together with fellow émigré students, Leo Strauss and Albert Ehrenzweig. half IV explores Kelsen’s highbrow legacies via ecu and American views at the interplay of Kelsen’s theoretical method of legislation and nationwide criminal traditions within the usa and Germany. every one contribution encompasses a specific functions of Kelsen’s method of doctrinal and interpretive matters presently of curiosity within the criminal academy. the quantity concludes with chapters at the nature of Kelsen’s felony conception to illustrate of modernism.
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Extra info for Hans Kelsen in America - Selective Affinities and the Mysteries of Academic Influence
18). But more fundamentally, he argues, the doctrine of the unity of law does not make a pure theory of law any more plausible. The reason is that “it is very difficult, if not impossible, to maintain both a profound relativist and an antireductionist position with respect to a given normative domain” (Marmor 2011: 23): If you hold the view that the validity of a type of norm is entirely relative to a certain vantage point—in other words, if what is involved here is only the actual conduct, beliefs/presuppositions, and attitudes of people—it becomes very difficult to detach the explanation of that normativity from the facts that constitute the relevant point of view (the facts about people’s actions, beliefs, attitudes, and such) (Marmor 2011: 23).
If a nation’s law is dualist, by contrast, such a challenge cannot succeed, unless there is a particular national law that has given the treaty such an effect. In the absence of such a law, the statute is binding on the individual, even though the nation might recognize the treaty’s validity as a matter of international law—for example, by acknowledging that the statute’s conflict with the treaty makes sanctions against it by other nations legally permissible. Thus, it is sometimes said that under dualism national and international law form two separate systems, with international law’s effect confined to the relationship between nations (Henkin 1987: 864).
Vienna: Deuticke. Kelsen, Hans. 1960b. What is the pure theory of law? Tulane Law Review 34: 269–276. Kelsen, Hans. 1965. Professor Stone and the pure theory of law. Stanford Law Review 17: 1128–1157. Kelsen, Hans. 1967. Pure Theory of Law. Trans. M. Knight. Berkeley: University of California Press. Kelsen, Hans. 1992. Introduction to the Problems of Legal Theory. Trans. L. L. Paulson. Oxford: Clarendon Press. Kelsen, Hans. 2013. A ‘realistic’ theory of law and the pure theory of law: Remarks on Alf Ross’s on law and justice.