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General Theory of Law and State, by Hans Kelsen
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This classic work by the important Austrian jurist is the fullest exposition of his enormously influential pure theory of law, which includes a theory of the state. Translated by Anders Wedberg. Reprint of the first edition. Originally published: Cambridge: Harvard University Press, 1945. xxxiii, 516 pp. An extensive appendix discusses the pure theory in comparison with the law of nature, positivism, historical natural law, metaphysical dualism and scientific-critical philosophy.
“The scope of the work is truly universal. It never loses itself in vague generalities or in unconnected fragments of thought. On the contrary, precision in the formulation of details and rigorous system are characteristic features of the exposition: only a mind fully concentrated upon that logical structure can possibly follow Kelsen’s penetrating analysis. Such a mind will not shrink from the effort necessary for acquainting itself with...the pure theory of law in its more general aspects, and will then pass over to the theory of the state which ends up with a carefully worked out theory of international law.”: Julius Kraft, American Journal of International Law 40 (1946):496.
Possibly the most influential jurisprudent of the twentieth century, Hans Kelsen [1881-1973] was legal adviser to Austria’s last emperor and its first republican government, the founder and permanent advisor of the Supreme Constitutional Court of Austria, and the author of Austria’s Constitution, which was enacted in 1920, abolished during the Anschluss, and restored in 1945. He was the author of more than forty books on law and legal philosophy. Active as a teacher in Europe and the United States, he was Dean of the Law Faculty of the University of Vienna and taught at the universities of Cologne and Prague, the Institute of International Studies in Geneva, Harvard, Wellesley, the University of California at Berkeley, and the Naval War College.
- Sales Rank: #1039147 in eBooks
- Published on: 2014-11-06
- Released on: 2014-11-06
- Format: Kindle eBook
Review
The scope of the work is truly universal. It never loses itself in vague generalities or in unconnected fragments of thought. On the contrary, precision in the formulation of details and rigorous system are characteristic features of the exposition: only a mind fully concentrated upon that logical structure can possibly follow Kelsen's penetrating analysis. Such a mind will not shrink from the effort necessary for acquainting itself with...the pure theory of law in its more general aspects, and will then pass over to the theory of the state which ends up with a carefully worked out theory of international law. --Julius Kraft, American Journal of International Law 40 (1946):496
About the Author
Hans Kelsen had a distinguished career at a variety of European universities, and in government services, at Vienna, Cologne, the Institut Universitaire des Hautes Etudes in Paris, and then in Prague. He served as legal adviser to the United Nations War Crimes Commission in Washington, D.C.
Most helpful customer reviews
3 of 3 people found the following review helpful.
The american Pure Theory of Law
By Oscar L. Sarlo
Hans Kelsen (1881-1973) is, for most of jurists, the most important legal theorist in 20st Century. Born in Prague, he lived and worked in Austria (till 1930), from then on -due to the political circumstances- in Germany (1930-1933), french Switzerland (1933-1940) and the USA (1940-1973).
His main work is the famous "Pure Theory of Law" (1934), a formalistic and structural scheme for interpret modern legal systems.
Throughout his long and prolific life, across the three different legal traditions (german, french and anglosaxon) in wich he lived, taught and wrote, he published a large number of articles and books.
The General Theory of Law and State (GTLS) marks a special phase in his carreer, because it symbolizes not a mere translation of his Pure Theory, but a true american version of it, because for the first time he confronts with the english and american legal tradition.
For those who knows the german version of his Pure Theory, will found the GTLS es a wider and clearer explanation of its main thesis.
0 of 0 people found the following review helpful.
Classics of theoretical legal thinking
By Anton
Kelsen's text is an example of internal coherence and concise argumentation. The book examines fundamental problems of legal thinking, and its' quality deserved to enter into scope of legal classics.
5 of 8 people found the following review helpful.
Excelent book!
By A Customer
From the father of Positivism, this book explores the true nature of the norm and the role it plays in relation to state and society. Excellent analysis of positivist normativity.
You should also consider reading The Pure Theory of Law, by Kelsen, as well as books by Rawls, Nozick, MacIntyre, and Posner.
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