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Hans Kelsen's Normativism Carsten Heidemann

Hans Kelsen's Normativism By Carsten Heidemann

Hans Kelsen's Normativism by Carsten Heidemann


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Summary

This Element discusses the coherence of Kelsen's Pure Theory of Law and how it stands and falls with his adherence to normativistic (neo-)Kantian epistemology, tracing the rise of Kelsen's normativism together with his adoption of neo-Kantianism and its decline once the neo-Kantian epistemology is given up around 1940.

Hans Kelsen's Normativism Summary

Hans Kelsen's Normativism by Carsten Heidemann

Hans Kelsen's Pure Theory of Law is the most prominent example of legal normativism. This text traces its origins and its genesis. In philosophy, normativism started with Hume's distinction between Is- and Ought-propositions. Kant distinguished practical from theoretical judgments, while resting even the latter on normativity. Following him, Lotze and the Baden neo-Kantians instrumentalized normativism to secure a sphere of knowledge which is not subject to the natural sciences. Even in his first major text, Kelsen claims that law is solely a matter of Ought or normativity. In the second phase of his writings, he places himself into the neo-Kantian tradition, holding legal norms to be Ought-judgments of legal science. In the third phase, he advocates a barely coherent naive normative realism. In the fourth phase, he supplements the realist view with a strict will-theory of norms, coupled with set-pieces from linguistic philosophy; classical normativism is more or less dismantled.

Table of Contents

1. Introduction; 2. The Genesis of Normativism in Philosophy; 3. Hans Kelsen's Normativism; 4. Summary; References.

Additional information

NLS9781108995221
9781108995221
1108995225
Hans Kelsen's Normativism by Carsten Heidemann
New
Paperback
Cambridge University Press
2022-03-03
75
N/A
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