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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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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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