General Theory of Law and StateWidely 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. |
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according actually applied authority basic norm central character civil coercive acts command competent concept condition conduct considered constitution contents contract corporation coup d'état courts creation criminal customary law decentralization delict democracy determined direct democracy dualism duties and rights efficacy executive existence fact federal function Hans Kelsen higher norm human behavior idea imputed individual norm international law interpretation juristic person justice Kelsen law-creating legal community legal duty legal norm legal philosophy legal positivism legal right legal transaction legislative organ lower norm means moral national law national legal order natural law natural-law doctrine norm created normative jurisprudence object party political positive law possible prescribed presupposed principle procedure punishment question regulated relation sanction secondary norm sense so-called social order sociological sociological jurisprudence sociology of law specific sphere of validity statement statute stipulated system of norms territorial sphere theory of law tion tional law valid norms vidual violation