Journals Higher Education



Published: 25 October 2007

280 Pages

ISBN: 9780199227952

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Bookseller Code (06)

Hans Kelsen's Pure Theory of Law

Legality and Legitimacy

Lars Vinx

  • Sheds new light on the relationship between positivist theories of law and political philosophy, by rooting Kelsen's Pure Theory of Law in the context of his understanding of political legitimacy
  • Offers an original understanding of the relationship between political legitimacy and the rule of law, placing special emphasis on legality, derived from the Pure Theory as a source of political legitimacy
  • Draws extensively on works by Kelsen only published in German, offering new perspectives on his work to the anglophone reader
  • Relates Kelsen's views to modern legal theorists (including Hart, Raz and Dworkin), and contemporary debates in legal philosophy, including the legitimacy of international law and constitutional review

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Law > Jurisprudence & Philosophy of Law