Widely regarded as the most important legal theorist of the
twentieth century, Hans Kelsen is best known for his formulation of
the "pure theory of law"--within which the study of international
law was his special field of work. The present volume, General
Theory of Law and State, first published in 1945, allowed Kelsen to
adjust his pure theory of law to American circumstances after World
War II. It also afforded him the opportunity to present to
English-speaking readers his latest ideas on the supremacy of
international law. The volume is divided into two parts: the first
devoted to law, the second to the state. Together these topics
constitute the most systematic and comprehensive exposition of
Kelsen's jurisprudence.
The volume is not only a compendium of Kelsen's lifework up to
that time; it is also an extension of his theories "to embrace the
problems and institutions of English and American law as well as
those of the Civil Law countries." Indeed, references to
Continental European law are minimal compared with examples,
scattered throughout the text, taken from the U.S. Constitution and
several American court cases. This is more than a concession to
American readers; it signifies that Kelsen's legal theory is truly
general in that it accounts for the Common Law as well as the Civil
Law. A systematic treatise on jurisprudence, General Theory of Law
and State is a substantial reformulation of Kelsen's ideas
articulated in several of his previous books, written in
German.
The juridical principles put forth by the most important legal
theorist of the twentieth century remain of great value. This
volume will be read by legal scholars, political scientists, and
intellectual historians.
General
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