By D.A. Jeremy Telman
This quantity explores the explanations for Hans Kelsen’s loss of impact within the usa and proposes ways that Kelsen’s method of legislation, philosophy, and political, democratic, and diplomacy concept can be appropriate to present debates in the U.S. academy in these components. alongside the way in which, the quantity examines Kelsen’s courting and infrequently hidden affects on different individuals of the mid-century vital eu émigré neighborhood whose paintings assisted in shaping twentieth-century social technology within the usa. The ebook contains significant contributions to the background of principles and to the sociology of the professions within the U.S. academy within the 20th century. each one part of the quantity explores a unique point of the puzzle of the overlook of Kelsen’s paintings in a variety of disciplinary and nationwide settings. half I presents reconstructions of Kelsen’s felony idea and defends that idea opposed to detrimental tests in Anglo-American jurisprudence. half II focuses either on Kelsen’s theoretical perspectives on overseas legislations and his sensible involvement within the post-war improvement of foreign 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 eu and American views at the interplay of Kelsen’s theoretical method of legislations and nationwide felony traditions within the usa and Germany. every one contribution incorporates a specific purposes of Kelsen’s method of doctrinal and interpretive concerns at present of curiosity within the felony academy. the quantity concludes with chapters at the nature of Kelsen’s criminal conception as an example of modernism.
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Extra info for Hans Kelsen in America - Selective Affinities and the Mysteries of Academic Influence
Natural law: The classical tradition. In The Oxford handbook of jurisprudence & philosophy of law, ed. Jules Coleman and Scott Shapiro, 1–60. Oxford: Oxford University Press. Foot, Philippa. 1978. Virtues and vices. Oxford: Basil Blackwell. Gardner, John. 2012. Law as a leap of faith. Oxford: Oxford University Press. Green, Leslie. 2003. Legal positivism. In Stanford encyclopedia of philosophy, ed. N. Zalta. edu/entries/legal-positivism/. Accessed 24 Nov 2014. W. 1977. Kelsen’s concept of authority.
Given that distinctive voices in the philosophy of law are rare and Kelsen’s is unquestionably a distinctive voice, why does he receive so little attention in this country? I think there are two reasons. The first is that American philosophers of law cannot see how a pure theory of law can possibly succeed. The notion that law is independent of social facts is a non-starter. 2 The second reason applies to those who have given Kelsen’s writings more scrutiny. They conclude that he fails to offer a pure theory of law after all.
Philosophy of law, 9th ed. Independence, KY: Cengage Wadsworth. Finnis, John. 2002. Natural law: The classical tradition. In The Oxford handbook of jurisprudence & philosophy of law, ed. Jules Coleman and Scott Shapiro, 1–60. Oxford: Oxford University Press. Foot, Philippa. 1978. Virtues and vices. Oxford: Basil Blackwell. Gardner, John. 2012. Law as a leap of faith. Oxford: Oxford University Press. Green, Leslie. 2003. Legal positivism. In Stanford encyclopedia of philosophy, ed. N. Zalta. edu/entries/legal-positivism/.