Hans Kelsen

Was ist Gerechtigkeit?

Kelsen, Hans. Pure Theory of Law. Translation from the Second German Edition by Max Knight. Berkeley: University of California Press, 1967. x, 356 pp. Reprinted 2005 by The Lawbook Exchange, Ltd. ISBN 1-58477-578-5. Paperbound. $36.95 * Second revised and enlarged edition, a complete revision of the first edition published in 1934. A landmark in the development of modern jurisprudence, the 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. 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. The author of more than forty books on law and legal philosophy, he is best known for this work and General Theory of Law and State. Also 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.Also available in cloth.

Pure Theory of Law

"(...) já havia presença no pensamento de Kelsen - embora certamente ainda não a um nível inteiramente consciente – algumas das coordenadas ideológicas e culturais relacionadas ao Direito e ao Estado, com base nas quais o pensamento desse grande estudioso da lei se desenvolveria gradualmente, como se estivesse seguindo um curso já estabelecido. Estas coordenações, já presentes na mente de Kelsen em A Teoria do Estado de Dante Alighieri, são: paz, governo limitado e democracia" Mario Patrono, Professor Emérito de Direito Público Europeu e Comparado na Universidade ""La Sapienza"" de Roma A EDITORA CONTRACORRENTE tem a satisfação de anunciar a publicação da primeira edição em português do livro A TEORIA DO ESTADO DE DANTE ALIGHIERI, do celebrado jurista e filósofo Hans Kelsen. Trata-se da obra inaugural de Hans Kelsen, publicada em 1905, na qual o jurista de Viena examina o trabalho ""político"" de Dante Alighieri. Nela se prefigura o interesse de Kelsen pela democracia, pela legitimação do poder e pelos sistemas internacionais de manutenção da paz, como também são reconhecidas algumas perspectivas metodológicas que encontrarão máxima expressão na produção madura de Kelsen.

A teoria do Estado de Dante Alighieri

Richard Potz

Despite reworking and rewriting ‚Secular Religion‘ for about ten years Hans Kelsen finally withdrew the text from printing in 1964. After long and careful consideration the Hans Kelsen-Institut has now decided to lift the veil on Kelsen’s somewhat mysterious last book and to bring ‚Secular Religion‘ to a wider public. In this book Kelsen vehemently opposes any attempt to discredit modern science as failed religion, a view prominently held by Kelsen‘s former student Eric Voegelin. Any contemporary trend towards a ‚new‘ de-secularization will have to face Kelsen’s criticism. Furthermore, as Kelsen convincingly demonstrates, any trend towards a ‚new‘ theologization holds the danger of totalitarianism. In this context Kelsen’s text from 1964 offers an excellent contribution to a current discussion.

A Polemic against the Misinterpretation of Modern Social Philosophy, Science and Politics as „New Religions“

Secular Religion

Hans Kelsen is considered to be one of the foremost legal theorists and philosophers of the twentieth century. His writing made an important contribution to many areas, especially those of legal theory and international law. Over a number of decades, he developed an important legal theorywhich found its first complete exposition in Reine Rechtslehre, or Pure Theory of Law, the first edition of which was published in Vienna in 1934. This is the first English translation of that work. It covers such topics as law and morality, the legal system and its hierarchical structure, theidentity of law and state, and international law.

A Translation of the First Edition of the Reine Rechtslehre Or Pure Theory of Law

Introduction to the Problems of Legal Theory

Eric Voegelin is famous as a philosopher of history and a as one of the most eminent political scientists of the 20th century. His most fundamental work on political theory, the "New Science of Politics, is nowadays considered a classic in ist field. While the "New Science" has always been a very controversial book, ist critics have hardly ever taken the pain to pinpoint the weaknesses they condemmed Voegelins book for. There is, however, one exception: Only shortly after the appearance of Voegelins "New Science" in 1954, Hans Kelsen has written a most detailed reply to this book of his former student. This reply, which was known to Voegelin and is mentioned in his autobiography, is now being published by the ontos verlag. Being a distinguished philosopher himself of an erudition and breadth of knowledge that matches that of Eric Voegelin, Hans Kelsen is able to support the critical stance he takes on Voegelin "New Science" by clear and well founded argument. This critical reply to Voegelins "New Science" is not only an important contribution to the dispute about the foundations of political order in modern society, but will also prove valuable to readers generally interested in Voegelins life and work.

Hans Kelsen's Reply to Eric Voegelin's 'New Science of Politics'. A Contribution to the Critique of Ideology

A New Science of Politics

Hans Kelsen is widely recognized as one of the most important legal theorists of the 20th century. Surprisingly, however, his political writings are not nearly as widely known as his legal theory, especially in the English-speaking world. This book fills the void between what is and isn't known about Hans Kelsen's political philosophy, and the ways that philosophy has and will continue to shape political debates inherent to democracy in the future. For the first time in English, this classic book - with an introduction by political theorist Nadia Urbinati - provides an overview of Kelsen's career and his contributions to 20th century political thought.

The Essence and Value of Democracy

Carl Schmitt

The first English translation of Hans Kelsen's and Carl Schmitt's debate on the 'Guardian of the Constitution'.

The Guardian of the Constitution

English summary: Hans Kelsen (1881-1973) was not only the founder of the pure theory of law, but also contributed extensively to the theory of democracy and representative government. He was the most prominent defender of parliamentary democracy in German and Austrian constitutional theory in the twentieth century. A leading authority in democratic theory, Kelsen established and justified democracy and representative government with both individual liberty and social pluralism. This explains the continuing interest in his writings. They still address the problems of our times and advocate an individual theory of democracy which accepts political pluralism and social diversity as a natural basis for a democratically established legal order instead of trying to overcome social pluralism. His writings on democracy, however, are not yet as accessible as his writings on jurisprudence. This volume contains a representative selection of Kelsen's most important writings on democracy and parliamentarism. Some texts are well known, others have not yet earned their due respect. Kelsen's articles collected in this volume were written between 1920 and 1955 under five different political regimes. Thus the collection also demonstrates the development of Kelsen's thinking on democracy. The editors' critical introduction gives an overview of Kelsen's thinking in general and the most important aspects of his theory of democracy in particular. German description: Hans Kelsen (1881-1973) kommt der Rang eines Klassikers in der Rechtstheorie zu, zunehmend aber auch in der Demokratie- und Pluralismustheorie. Kelsens Demokratietheorie unterscheidet sich grundlegend von der in Deutschland uberreprasentierten Abbild-Theorie rousseauistischer Provenienz. Seine Verteidigung der Demokratie liefert ein neues erkenntnis- und staatstheoretisches Fundament der Demokratie auf der Basis der individuellen Freiheit, des sozialen Pluralismus und des philosophischen Relativismus. Aufgrund dieser Verwurzelung erweist sich Kelsens Ansatz in der Gegenwart als in besonderem Masse anschlussfahig. Der hier vorgelegte Band enthalt eine reprasentative Auswahl von Kelsens wichtigsten demokratietheoretischen Schriften. Einige Texte sind auf deutsch seit langem vergriffen, andere waren bisher nur schwer zuganglich bzw. unbekannt. Der Band umfasst Abhandlungen, die zwischen 1920 und 1955 und unter funf unterschiedlichen Systemen entstanden sind: Deutsch-Osterreich, Weimarer Republik, Nationalsozialismus, Emigration, USA. Dadurch ermoglicht er auch, die werkimmanente Entwicklung von Kelsens Demokratietheorie zu verfolgen. Eine Einleitung der Herausgeber fuhrt in das Werk Kelsens und die wichtigsten Aspekte seiner Demokratietheorie ein. Ein Sach- und Personenregister ermoglicht den direkten und problemorientierten Zugriff auf die Texte.

Abhandlungen zur Demokratietheorie

Verteidigung der Demokratie

What is justice? : Justice, law, and politics in the mirror of science ; collected essays

The Making of Modern Law: Foreign, Comparative and International Law, 1600-1926, brings together foreign, comparative, and international titles in a single resource. Its International Law component features works of some of the great legal theorists, including Gentili, Grotius, Selden, Zouche, Pufendorf, Bijnkershoek, Wolff, Vattel, Martens, Mackintosh, Wheaton, among others. The materials in this archive are drawn from three world-class American law libraries: the Yale Law Library, the George Washington University Law Library, and the Columbia Law Library.Now for the first time, these high-quality digital scans of original works are available via print-on-demand, making them readily accessible to libraries, students, independent scholars, and readers of all ages.+++++++++++++++The below data was compiled from various identification fields in the bibliographic record of this title. This data is provided as an additional tool in helping to insure edition identification: +++++++++++++++Yale Law LibraryLP3Y100990019250101The Making of Modern Law: Foreign, Comparative, and International Law, 1600-1926Berlin: Julius Springer, 1925xvi, 433, [1] p. 25 cmGermany

Allgemeine Staatslehre

Reine Rechtslehre. Mit Einem Anhang: Das Problem Der Gerechtigkeit

Reprint of the first edition. 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. It also has an extensive appendix that 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.

General Theory of Law and State

Kelsen, Hans. What is Justice? Justice, Law and Politics in the Mirror of Science. Berkeley: University of California Press, 1957. [vi], 397 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. ISBN 1-58477-101-1. Cloth. New. $95. * Through the lens of science, Kelsen proposes a dynamic theory of natural law, examines Platonic and Aristotelian doctrines of justice, the idea of justice as found in the holy scriptures, and defines justice as "...that social order under whose protection the search for truth can prosper. 'My' justice, then, is the justice of freedom, the justice of peace, the justice of democracy-the justice of tolerance." (p. 24).

Justice, Law, and Politics in the Mirror of Science : Collected Essays

What is Justice?

Doctrina pură a dreptului

The last work of this celebrated legal theorist, in which he makes some important revisions to his "pure theory of law", and discusses the views of over 200 philosophers and jurists on law morality, and the place of logic in law.

General Theory of Norms

First published in 1998. Routledge is an imprint of Taylor & Francis, an informa company.

A Sociological Inquiry

Society and Nature

Kelsen, Hans. Principles of International Law. New York: Rinehart & Company, Inc. [1952]. xvii, 461 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. ISBN 1-58477-325-1. Cloth. $85. * Upon his retirement from the faculty of University of California at Berkeley in 1952, noted legal philosopher and political scientist Hans Kelsen [1881-1973] produced arguably this his most important work, "... a systematic study of the most important aspects of international law, including international delicts and sanctions, reprisals, the spheres of validity and the essential function of international law, creation and application of international law and national law." Nicoletta Bersier Ladavac, "Hans Kelsen (1881 - 1973) Biographical Note and Bibliography," European Journal of International Law Vol. 9 (1998) No. 2.

Hans Kelsen

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