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Author:   Lars Vinx (Assistant Professor of Philosophy, Bilkent University, Ankara, Turkey)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 16.00cm , Height: 2.00cm , Length: 24.00cm
Weight:   0.513kg
ISBN:  

9780199227952

ISBN 10:   0199227950
Pages:   240
Publication Date:   06 September 2007
Audience:   College/higher education ,  Undergraduate ,  Postgraduate, Research & Scholarly
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

1: Introduction Three paradigms of legal positivism Kelsen's legal science Kelsen's legal politics and the identity of law and state Democracy, constitutionalism, and legal peace in Kelsen's utopia of legality 2: The Pure Theory of Law - Science or Political theory? Law and Nature - Subjective and Objective Legal Meaning Kelsen's theory of legal order Kelsen and theoretical anarchism: The pure theory as critique of ideology Conclusions on Law and Nature Law and Morality The pure theory as a theory of legal legitimacy Kelsen and the separation of law and morality Further questions 3: Kelsen's Principles of Legality Legal hierarchy and depersonalization of the state Kelsen's principle of legality I: Nullity Kelsen's principle of legality II: Voidability The sovereignty of law: The doctrine of normative alternatives reconsidered Further questions 4: Kelsen's Theory of Democracy - Reconciliation with Social Order Kelsen on the 'torment of heteronomy' The failure of the argument from deliverance Kelsen's defense of majority rule: The argument from reconciliation Freedom and Compromise: Democracy and constitutional entrenchment Kelsen's relativism 5: Democratic Constitutionalism - Kelsen's Theory of Constitutional Review Kelsen's conception of adjudication: Implications for a theory of review Kelsen on the concept of constitution Constitutional values and judicial role 6: Kelsen's Legal Cosmopolitanism Kelsen and the dogma of sovereignty Kelsen's doctrine of the unity of law - a defence On the viability of legal cosmopolitanism The moral relevance of Kelsen's legal cosmopolitanism VII: Conclusions - The Pure Theory of Law and Contemporary Positivism

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Author Information

Lars Vinx is Assistant Professor of Philosophy at Bilkent University in Ankara, Turkey and formerly a Max Weber Postdoctoral Fellow in the Department of Law at the European University Institute in Florence, Italy.

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