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Domesticating Kelsen - Towards the Pure Theory of English Law (Hardcover)
Loot Price: R2,560
Discovery Miles 25 600
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Domesticating Kelsen - Towards the Pure Theory of English Law (Hardcover)
Series: Elgar Studies in Legal Theory
Expected to ship within 12 - 17 working days
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Donate to Against Period Poverty
Total price: R2,570
Discovery Miles: 25 700
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There exists a genuine degree of scepticism as to whether Hans
Kelsen's pure theory of law can rationalise the intricacies of the
English legal system. This groundbreaking book examines pertinent
aspects of English law relating to constitutional patterns of
law-making, the relationship between law and policy, and the
ultimate efficacy of the legal order, through the pure theory's
prism. This insightful book demonstrates that Kelsen's theory is
highly suitable to examine some of these issues, and in some
aspects of English law it actually possesses the analytical cutting
edge. Beginning with an overview of the outlook and methodology of
the pure theory of law and placing it within the broader focus of
positive scholarship, Orakhelashvili moves on to offer a
description of the relationship between methods of the legal theory
and the workings of a legal system, along with assessments of the
relationship between law and policy in legal theory and in judicial
practice, and of criticisms of the pure theory. Thoughtful and
perceptive, this book will be valuable reading for legal scholars,
social scientists, judges, practicing lawyers, legal historians,
political scientists, and law students.
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