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General Theory of Law and State (Hardcover)
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General Theory of Law and State (Hardcover)
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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.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. He was the author of more than
forty books on law and legal philosophy. 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.
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