Hans Kelsen's efforts in the areas of legal philosophy and legal theory are considered by many scholars of law to be the most influential thinking of this century. This volume makes available some of the best work extant on Kelsen's theory, including papers newly translated into English. The book covers such topics as competing philosophical positions on the nature of law, legal validity, legal powers, and the unity of municipal and international law. It also throws much light on Kelsen's intellectual milieu--as well as his intellectual debts.
Abbreviations Introduction Part I. Intellectual Debts 1. Foreword to the Second Printing ofMain Problems in the Theory of Public Law(1923),Hans Kelsen 2. Kelsen's Earliest Legal Theory: Critical Constructivism,Stanley L. Paulson Part II. Normativity and the Scope of Kelsen's Theory 3. Kelsen Visited,H.L.A. Hart 4. Kelsen's Theory of the Basic Norm,Joseph Raz 5. The Basic Norm of a Society,Tony Honor?? 6. The Law as Pure `Sollen' sui generis,Alf Ross 7. The Reception of Norms and Open Legal Systems,Jos?? Juan Moreso and Pablo Navarro Part III. The Normativity Problematic: Kantian Arguments versus Kelsen without Kant [Part III] A. A Kantian or Neo-Kantian Dimension in the Pure Theory of Law? 8. Pure Theory of Law, `Labandism', and Neo-Kantianism. A Letter to Renato Treves,Hans Kelsen 9. A Neo-Kantian Theory of Legal Knowledge in Kelsen's Pure Theory of Law,Stefan Hammer 10. TheHypothesisof the Basic Norm: Hans Kelsen and Hermann Cohen,Geert Edel 11. On the Transcendental Import of Kelsen's Basic Norm,Gerhard Luf [Part III] B. Kelsen without Kant 12. Some Confusions Surrounding Kelsen's Concept of Legal Validity,Carlos Santiago Nino 13. Two Models of lă-