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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.
THE CONTRADICTORY NATURE OF COMMUNIST GOVERNMENT Written during a
tense period of the Cold War, this study observed that Bolshevism
was a system that embraces anarchism in theory and totalitarianism
in practice. In order to survive the Bolshevist state must
obliterate the potentially destabilizing forces inherent in
democracy through a party dictatorship that is presented as the
political self-determination of a free people. "A deep-cutting
analysis of some of the fundamental contradictions in Communist
theory and practice, particularly in regard to democracy and the
dictatorial function of the state." --Foreign Affairs 27 (1948-49)
679 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.
The influential jurist Hans Kelsen 1881-1973] here applies his
concept of the distinction between society and nature. He shows how
primitive man developed his interpretation of nature, through the
laws of retribution and of causality, to a modern concept of nature
and society. He holds that the gradual emancipation of the law of
causality from the principle of retribution is "the emancipation
from a social interpretation of nature. The process shows a
relation between social and natural science which is very important
from the point of view of intellectual history." (Introduction p.
viii) Extensively annotated. Kelsen is known for his theory of pure
positive law, as postulated in General Theory of Law and State,
which is also available in a reprint edition from The Lawbook
Exchange.
Arguably his most important work, Principles of International Law
was published after Kelsen's retirement from the University of
California at Berkeley in 1952. It is an important synthesis of
Kelsen's earlier work on international law and jurisprudence. Any
contribution by Professor Kelsen to international law is always
welcome. This certainly applies to the book under review. It
represents an attempt-which must be regarded as wholly
successful-to apply to international law, in an introductory
text-book not necessarily limited to specialists, many of Professor
Kelsen's basic doctrines in the field of jurisprudence. In
preparing this book the author has drawn on many of his previous
writings on international law, but he has avoided the danger of
putting before the reader a mere compilation of fragments. The very
arrangement of the book is stimulating in its boldness and
unorthodoxy. ( . . . ) It is] a model of precision and clarity and
. . . a stimulus to thought. If for no other reason, this
Introduction to International Law is an outstanding and fully
successful attempt-of which there are but few-to present the
entirety of the international law of peace within the framework of
a jurisprudential system. --Hersch Lauterpacht, British Yearbook of
International Law 29 (1952) 509, 513 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.
Eric Voegelin is famous as a philosopher of history and a as one of
the most eminent political scientists of the 20th century. His most
fundamental work on political theory, the "New Science of Politics,
is nowadays considered a classic in ist field. While the "New
Science" has always been a very controversial book, ist critics
have hardly ever taken the pain to pinpoint the weaknesses they
condemmed Voegelins book for. There is, however, one exception:
Only shortly after the appearance of Voegelins "New Science" in
1954, Hans Kelsen has written a most detailed reply to this book of
his former student. This reply, which was known to Voegelin and is
mentioned in his autobiography, is now being published by the ontos
verlag. Being a distinguished philosopher himself of an erudition
and breadth of knowledge that matches that of Eric Voegelin, Hans
Kelsen is able to support the critical stance he takes on Voegelin
"New Science" by clear and well founded argument. This critical
reply to Voegelins "New Science" is not only an important
contribution to the dispute about the foundations of political
order in modern society, but will also prove valuable to readers
generally interested in Voegelins life and work.
First published in 1998.This is Volume XIV of eighteen in the
Sociology of Behaviour and Psychology series. This text is
concerned with sociological inquiry into society and nature.
Written in 1946, it investigates the idea that society and nature,
if conceived of as two different systems of elements, are the
results of two different methods of thinking and are only as such
two different objects. The same elements, connected with each other
according to the principle of causality, constitute nature;
connected with each other according to another, namely, a
normative, principle, they constitute society
Reprint of the second revised and enlarged edition, being a
completely revised version of the first edition which was published
in 1934. Kelsen 1881-1973], was the author of more than forty works
on law and legal philosophy, and is best known for this title and
General Theory of Law and State. He was also the author of the
Austrian Democratic Constitution, which was published in 1920,
abolished during the Nazi regime, restored in 1945, and in force
today. Walker calls Kelsen "possibly the most influential
jurisprudent of the twentieth century." Walker, Oxford Companion to
Law 699.
Originally published: Berkeley: University of California Press,
1957. vi], 397 pp. Through the lens of science, Hans Kelsen
proposes a dynamic theory of natural law, examines Platonic and
Aristotelian doctrines of justice and the idea of justice as found
in the holy scriptures. "You simply cannot get around this book if
you want a real understanding of the fundamental ideas on which the
great work of Kelsen is built. Reading this volume you may once
more admire the transparent clarity of style and the merciless
consistency of reasoning which are well known qualities of this
author." -- Alf Ross, 45 California Law Review 564 1957. 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.
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.
Hans Kelsen is widely recognized as one of the most important legal
theorists of the 20th century. Surprisingly, however, his political
writings are not nearly as widely known as his legal theory,
especially in the English-speaking world. This book fills the void
between what is and isn't known about Hans Kelsen's political
philosophy, and the ways that philosophy has and will continue to
shape political debates inherent to democracy in the future. For
the first time in English, this classic book - with an introduction
by political theorist Nadia Urbinati - provides an overview of
Kelsen's career and his contributions to 20th century political
thought.
The influential jurist Hans Kelsen 1881-1973] here applies his
concept of the distinction between society and nature. He shows how
primitive man developed his interpretation of nature, through the
laws of retribution and of causality, to a modern concept of nature
and society. He holds that the gradual emancipation of the law of
causality from the principle of retribution is the emancipation
froma social interpretation of nature. The process shows a relation
between social and natural science which is very important from the
point of view of intellectual history. (Introduction p. viii)
Extensively annotated. Kelsen is known for his theory of pure
positive law, as postulated in General Theory of Law and State,
which is also available in a reprint edition from The Lawbook
Exchange.
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.
Nachdem die 1934 erschienene Erstauflage von Hans Kelsens Reine[r]
Rechtslehre im Jahre 2008 als Studienausgabe erschienen ist, folgt
nun im selben Format die Studienausgabe der Zweitauflage aus dem
Jahre 1960. Zwischen den Auflagen 1934 und 1960 liegt nicht nur ein
Vierteljahrhundert und ein Weltkrieg, sondern auch ein
Umfangswachstum auf den fünffachen Wert und ein vielfältiger
Reifungsprozess von Kelsens Allgemeiner Rechtslehre. Die
Zweitauflage bildet zugleich Höhepunkt und Abschluss der sog.
"Klassischen Phase" im rechtstheoretischen Werk Hans Kelsens.
Ãœberhaupt darf die auf Deutsch erschienene Zweitauflage, die in
mehr als ein Dutzend andere Sprachen übersetzt worden ist, als die
reifste und letzte geschlossene Darstellung der Reinen Rechtslehre
gelten. Gemeinsam mit H.L.A. Harts Concept of Law (1961) stellt sie
das wirkmächtigste Werk des modernen rechtstheoretischen Diskurses
dar. Die vorliegende Studienausgabe enthält, anders als die seit
1992 publizierten Nachdrucke, auch den für das
(Selbst-)Verständnis der Reinen Rechtslehre bedeutsamen Anhang zum
Problem der Gerechtigkeit. Im Anmerkungsapparat sind darüber
hinaus die aus Anlass der Ãœbersetzung der Zweitauflage ins
Italienische 1966 von Kelsen vorgenommenen Korrekturen am deutschen
Text erstmals berücksichtigt worden.
Through the lens of science, Hans Kelsen proposes a dynamic theory
of natural law, examines Platonic and Aristotelian doctrines of
justice and the idea of justice as found in the holy
scriptures. This title is part of UC Press's Voices Revived
program, which commemorates University of California Press's
mission to seek out and cultivate the brightest minds and give them
voice, reach, and impact. Drawing on a backlist dating to 1893,
Voices Revived makes high-quality, peer-reviewed scholarship
accessible once again using print-on-demand technology. This title
was originally published in 1957.Â
Originally published: Berkeley: University of California Press,
1957. vi], 397 pp. Through the lens of science, Hans Kelsen
proposes a dynamic theory of natural law, examines Platonic and
Aristotelian doctrines of justice and the idea of justice as found
in the holy scriptures. "You simply cannot get around this book if
you want a real understanding of the fundamental ideas on which the
great work of Kelsen is built. Reading this volume you may once
more admire the transparent clarity of style and the merciless
consistency of reasoning which are well known qualities of this
author." -- Alf Ross, 45 California Law Review 564 1957. 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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