, German, French, Book edition: Théorie pure du droit / Hans Kelsen ; traduction française de la 2e éd. par Charles Eisemann, . Kelsen, Hans. Get this from a library! Théorie pure du droit. [Hans Kelsen; Charles Eisenmann]. Title, “Les” buts de la théorie pure du droit: (). Author, Hans Kelsen. Translated by, Nicoletta Bersier Ladavac. Publisher, Thémis, Length, 23 pages.

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Kelsen, after attending Jellinek’s lectures in Heidelberg oriented his interpretation according to the need to extend Theorke research past the points which Jellinek had set as its limits.

Documents de Kelsen en Hongrie. Hans Kelsen et Julius Moór – Persée

Allow this favorite library to be seen by others Keep this favorite library private. Georg Jellinek is an eminent representative of this theory, which allows one to avoid reducing the state to a legal entity, and also to explain the positive relationship between law and state.

In political philosophy he was a defender of the state-law identity theory and an advocate of explicit contrast of the themes of centralization and decentralization in the theory of government. Added to PP index Total downloads 1 1, of 2, Recent downloads 6 months 1of 2, How can I increase my downloads?

That is, ‘legal science’ is to be separated droitt ‘legal politics’.

Kelsen believed that the blamelessness associated with Germany’s political leaders and military leaders indicated a gross historical inadequacy of international law which could no longer be ignored. The principles of explicitly thorie sovereignty would become of increasing importance to Kelsen as the domain of his concerns extended more comprehensively into international law and its manifold implications following the conclusion of Pufe.

Kelsen’s participation and his part in the establishment of war crimes tribunals following WWII has been discussed in the previous section. This has led to the further division within this debate concerning the currency of the term Grundnorm as to whether it should be yheorie, on the one hand, as part and parcel of Hans Vaihinger ‘s “as-if” hypothetical construction.


No keywords specified fix it. This debate was to reignite Kelsen’s strong defense of the principle of judicial review against the principle of an authoritarian version of the executive branch of government which Schmitt had thorie for national socialism in Germany. Collection philosophie du droit7.

The definition and redefinition of sovereignty for Kelsen in the context of twentieth century modern law became a central theme for the political philosophy of Hans Kelsen from to the end of his life.

Uniform Title Reine rechtslehre. The answer to the question whether planned economy is preferable to free economy depends on our decision between the values of individual freedom and social security. Your rating has been recorded.

Hans Kelsen, Théorie pure du droit Reviewed by

The short version of its reception is illustrative of many similar debates with which Kelsen was involved at many points in his career and may be summarized as follows. Physical Description p.

theogie Kelsen adapted and assimilated much of Merkl’s approach into his own presentation of the Pure Theory of Law in both its original version and its revised version Foundations of a Theory of Norms.

From Wikipedia, the free encyclopedia. Selbstdarstellung in Jestaedt ed. Kelsen was the primary author of its statutes in the state constitution of Austria as he documents in his book cited above.

Kelsen’s time at Heidelberg was of lasting importance to him in that he began to solidify his position of the identity of law and state from the initial steps he observed as being taken by Jellinek. The very regulation of international law in the presence of asserted sovereign borders would present either a major barrier for Kelsen in the application of principles in international law, or represent areas where krlsen mitigation of sovereignty could greatly facilitate the progress and effectiveness of international law in geopolitics.

The state is not really limited by the law if the state alone can introduce and write this law, lelsen if it can at any time make any changes that it wants to make in it. Please create a new list with a new name; move some items to a new or hanss list; or delete some items.


Add a review and share your thoughts with other readers. The current directors are Clemens Keosen since [81] [82] and Thomas Olechowski since Citations are based on reference standards. Kelsen’s highly functional reading of the state was the most compatible manner he could locate for allowing for the development of positive law in has manner compatible with the demands of twentieth century geopolitics.

He relocated to GenevaSwitzerland where he taught international law at the Graduate Institute of International Studies from to The second edition appeared in English translation inas Pure Theory of Law ; [38] the first edition appeared in Drolt translation inas Introduction to the Problems of Legal Theory.

During the last 29 years of his life at the University of California, Kelsen’s appointment at the University and his affiliation was primarily with the Department of Politics and not with the School of Law. Kelsen had insisted that he had never used this material in the actual writing of his own book, though Cohen’s ideas were attractive to him in their own right.

Théorie pure du droit

In his book titled What is Justice? Privacy Policy Terms and Conditions. Hierarchical law as a model for understanding the structural description of the process of understanding and applying the law was central for Kelsen and he adopted the model directly from his colleague Adolf Merkl at the University of Drout.