A Dynamic Approach to Hans Kelsen's General Theory of Norms

Author:   Monika Zalewska (University of Lodz, Poland) ,  George Pavlakos (University of Glasgow UK)
Publisher:   Bloomsbury Publishing PLC
ISBN:  

9781509942763


Pages:   192
Publication Date:   12 December 2024
Format:   Hardback
Availability:   Manufactured on demand   Availability explained
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A Dynamic Approach to Hans Kelsen's General Theory of Norms


Overview

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.

Full Product Details

Author:   Monika Zalewska (University of Lodz, Poland) ,  George Pavlakos (University of Glasgow UK)
Publisher:   Bloomsbury Publishing PLC
Imprint:   Hart Publishing
Dimensions:   Width: 16.00cm , Height: 1.60cm , Length: 23.80cm
Weight:   0.437kg
ISBN:  

9781509942763


ISBN 10:   1509942769
Pages:   192
Publication Date:   12 December 2024
Audience:   College/higher education ,  Tertiary & Higher Education
Format:   Hardback
Publisher's Status:   Active
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.

Table of 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 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. Fictionalism and Supervenience in the General Theory of Norms: Conclusions

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Author Information

Monika Zalewska is Assistant Professor at the University of Lódz, Poland, and International Correspondent of Hans Kelsen’s Institute in Vienna, Austria.

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