By Peter Langford,Ian Bryan,John McGarry
This ebook seriously examines the notion of criminal technology and the character of legislation built through Hans Kelsen. It presents a unmarried, devoted area for a diversity of tested ecu students to interact with the influential paintings of this Austrian jurist, felony thinker, and political philosopher.
The creation offers a thematization of the Kelsenian notion of legislations as a criminal technology. Divided into six elements, the bankruptcy contributions characteristic specific degrees of study. total, the constitution of the book provides a sustained reflection upon principal points of Kelsenian felony technology and the character of law.
Parts one and learn the validity of the venture of Kelsenian felony technological know-how with specific connection with the social truth thesis, the idea of a technology of confident legislations and the particularly Kelsenian suggestion of the elemental norm (Grundnorm). the subsequent 3 elements have interaction in a serious research of the dating of Kelsenian criminal technological know-how to constitutionalism, sensible cause, and human rights.
The final half comprises an exam of the continuing pertinence of Kelsenian felony technology as a concept of the character of legislation with a selected concentration upon contemporary non-positivist theories of legislation. the realization discusses the expanding distance of up to date theories of criminal positivism from a Kelsenian notion of criminal technological know-how in its attention of the character of law.
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Additional info for Kelsenian Legal Science and the Nature of Law (Law and Philosophy Library)
Kelsenian Legal Science and the Nature of Law (Law and Philosophy Library) by Peter Langford,Ian Bryan,John McGarry