Forty years after his death, Hans Kelsen (1881-1973) remains one of the most discussed and influential legal philosophers of our time. This collection of new essays takes Kelsen's Pure Theory of Law as a stimulus, aiming to move forward the debate on several central issues in contemporary jurisprudence. The essays in Part I address legal validity, the normativity of law, and Kelsen's famous but puzzling idea of a legal system's 'basic norm'. Part II engages with the difficult issues raised by the social realities of law and the actual practices of legal officials. Part III focuses on conceptual features of legal systems and the logical structure of legal norms. All the essays were written for this volume by internationally renowned scholars from seven countries. Also included, in English translation, is an important polemical essay by Kelsen himself.
Luis Duarte d'Almeida is Chancellor's Fellow in Law at the University of Edinburgh. John Gardner is Professor of Jurisprudence at the University of Oxford. Leslie Green is Professor of the Philosophy of Law at the University of Oxford.
1 Introduction Luis Duarte d'Almeida, John Gardner and Leslie Green I. LEGAL VALIDITY AND THE BASIC NORM 2 Norm-claims, Validity and Self-reference Bert van Roermund 3 The Great Puzzle: Kelsen's Basic Norm Stanley L Paulson 4 The Basic Norm Revisited Riccardo Guastini II. LAW'S EMPIRICAL EXISTENCE 5 The Efficacy of Constitutional Norms Pablo E Navarro 6 The Realist Hans Kelsen Uta Bindreiter 7 Wiener Realism Pierluigi Chiassoni 8 Kelsen and Hagerstroem: Clearing Up Misunderstandings and Mapping Out the Common Ground Jes Bjarup 9 A 'Realistic' Theory of Law and the Pure Theory of Law: Remarks on Alf Ross's On Law and Justice Hans Kelsen III. LEGAL NORMS AND LEGAL SCIENCE 10 Kelsen on the Completeness and Consistency of Law Eugenio Bulygin 11 The Alternative Character of the Legal Norm: Kelsen as a Defeasibilist? Richard HS Tur 12 In Canonical Form: Kelsen's Doctrine of the 'Complete' Legal Norm Luis Duarte d'Almeida