Kelsen H.
Pure theory of Law.- - New Jersey.: The lawbook exchange, 1967.- - 356 p.
Дансны дугаар: ХЗС-3278
A landmark in the development of modern jurisprudence. Reprint of second revised and enlarged edition, a complete revision of the first edition published in 1934. Translation from the Second German Edition by Max Knight. Originally published: Berkeley: University of California Press, 1967. x, 356 pp. Pure Theory of Law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of “subjective” law (the rights of a person) and “objective” law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation.
English
978-1-58477-578-2
law philosophy
Pure theory of Law.- - New Jersey.: The lawbook exchange, 1967.- - 356 p.
Дансны дугаар: ХЗС-3278
A landmark in the development of modern jurisprudence. Reprint of second revised and enlarged edition, a complete revision of the first edition published in 1934. Translation from the Second German Edition by Max Knight. Originally published: Berkeley: University of California Press, 1967. x, 356 pp. Pure Theory of Law defines law as a system of coercive norms created by the state that rests on the validity of a generally accepted Grundnorm, or basic norm, such as the supremacy of the Constitution. Entirely self-supporting, it rejects any concept derived from metaphysics, politics, ethics, sociology, or the natural sciences. Beginning with the medieval reception of Roman law, traditional jurisprudence has maintained a dual system of “subjective” law (the rights of a person) and “objective” law (the system of norms). Throughout history this dualism has been a useful tool for putting the law in the service of politics, especially by rulers or dominant political parties. The pure theory of law destroys this dualism by replacing it with a unitary system of objective positive law that is insulated from political manipulation.
English
978-1-58477-578-2
law philosophy